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HomeMy WebLinkAbout001-05 Russell 150, LC, Commercial, Retail, Office, Res. - Shawnee - Backfilem 0 a Cc 0 DATE NO. r� .� r� ry RECEIVED FROM ADDRESS DOLLARS $ tWv{plc 7nuE BY CASHCHECKMONEY ORDER October 3, 2005 Today Greenway returned the Rezoning sign #8 for Russell 150. The signed was run over by a car. The metal frame was in piece. The corner of the yellow sign was broken off. No fee was refunded because the sign was destroyed. ItEZONING TRACKING SH+T Check List: Application Form Proffer Statement_ Impact Analysis Adjoiner List Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement Impact Model Run DATE OS Application received/file opened G S Reference manual updated/number assigned u S D-base updated �-Z S Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing d S One 81/2" x 11" black and white location map ordered from Mapping File given to office manager to update Applic 'on Action Summary _3 (� PC public hearing date ACTION: CC' ag ,Sf BOS public hearing date ACTION: "mo VED - - Signed -copy of resolution for- amendmentof ordinance, with conditions proffered — [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) /r, Or Action letter mailed to applicant Reference manual and D-base updated /Qo03 . Q t')-mile given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map r. Zoning map amended U \Carol\Common%racking. rez Revised 05/09/02 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 2, 2014 Thomas Moore Lawson, Esq 120 Exeter Drive, Suite 200 P.O. Box 2740 Winchester, VA 22604 RE: Revenue Sharing on the Russell 150 Property Dear Mr. Lawson: Mr. Riley has asked that I provide you with a summary of revenue sharing match that would be required to construct the proffered roadways within the Russell 150 development. I must note that the estimates used are planning level cost estimates and are fairly conservative. While unlikely due to the fact that they are conservative, they could increase depending upon conditions that arise during the design and construction process. Of course, they could also decrease depending upon other variables as well. For reference, please see the attached graphic from the existing Russell 150 rezoning. While I understand a new GDP is being proposed which alters the road layout (which could also alter the cost) this is what is currently in force. The current expected costs to roadways proffered by Russell 150 if a revenue sharing agreement is made between the owners and Frederick County are as follows: Please note there is currently no revenue sharing awards applied to the Warrior Drive connection to the south, though we would be eager to establish such an arrangement. A. The bridge over I-81 to the City of Winchester. Current expected total cost approximately $4.5 Million. Revenue sharing match $2.25 Million. B. Tevis connection across Russell 150 from the bridge to the Glaize property. Current expected total cost approximately $1.0 Million. Revenue sharing match $0.5 Million. C. Airport Road extension from Route 522 to future Warrior Drive, intersection of same, and Warrior Drive from that intersection to Tevis. Current expected total cost approximately $5.6 Million. Revenue sharing match $2.8 Million. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Re: Revenue Sharing -Russell 150 Property October 2, 2014 This amounts to a total estimated revenue sharing match requirement of $5.55 Million in order to allow Frederick County to use state funds to aid Russell 150 in meeting its proffered obligations. I believe this information is fairly consistent with what was relayed to you when we met with John Riley in his office in the summer of 2013. Please do not hesitate to contact me with additional questions or concerns. Sincerely, John A. �Bisho�pp,AIC�P Deputy Director -Transportation JAB/pd cc: John R. Riley Jr., Frederick County Administrator Joseph Wilder, Deputy Director Public Works Eric R. Lawrence, Director of Planning and Development Kv A io /7 LU Li r— z --=-=---_=- -- - fl 'I W � Al gig Lu ---- - --- -gg a.. O \7:1777�/ /,i ft?(UFFA�O LiN' RU c� O T E� �I A~$ U 1 VYi a,' NON ISTURB AREA E7 ALT INS E IG it ' I.N\ 4—((AriD 8 DB 4A8 PG ED: A. USX: P.I.N. 64—(( p V GLARE 1, 10N \ DB rac PG W OG _ �.�\ ZONED: Ml USE: _ � /'i — —MFA4t-FIFA R—B R W A R R I O R "-t V E / WAS ALT � � / PHA A T 1 or t CL LANE i\ ( NE BICYCL C B 1 a r A • 1 1 wARK D. yen+ r rl 1 B2 (STRICT ND B I Q 96.28t ACRES ( g 'GALL � r I �� � � C V .I. 84 � �D ❑ car CDO � O '� { ' ASP \ I' T o ° ti0� \ a ` .° °°O� ° d 0 Li / w ug � U lb ,+ cc o o W w _rn 0 o❑ILL 0 DAM �° W a °a o o0 ' ' n � �tE, I° sods ecur i• - 4W LJ n ) o - DOMM BY: SEW n 1 7 �1,^E T LA E I�IEA RED NTH LINEiOF Ius No. Sroi OAD5. FREDERICK COUNTY 5 TOPOGRAPHY. MMT I OF 3 CJ September 12, 2013 Mr. Thomas Moore Lawson Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Virginia 22601 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 RE: Proposed Rezoning of the Heritage Commons Project (formerly Russell 150) Property Identification Number (PIN): 63-A-150, 64-A-10, 64-A-12 Dear Mr. Lawson: I have had the opportunity to review the draft rezoning application for the Heritage Commons project. This application seeks to rezone 96.25 acres from the Business General (B2) District, 54.0 acres from the Residential Performance (RP) District and .309 acres from the Rural Areas (RA) District to the Residential Planned Community (R4) District (total of 150.5 acres) with proffers and modifications. Staff s review comments are listed below for your consideration. Rezoning Comments 1. New Rezoning. This package shows the rezoning as an "amended" rezoning; this is a substantially modified rezoning application and, therefore, is not an amendment application. Remove #01-05 rezoning application numbers from the cover page. 2. Project Acreage. The individual acreage of RP, B2 and RA Zoned property needs to be specified on the coversheet. 3. Comprehensive Plan. The 2030 Comprehensive Plan shows this property as being planned for employment and high -density residential (12-16 units/acre). 4. Proffer 2 Uses, Density and Mix. The proffer should show a maximum and minimum percentage of commercial and residential acreage being proposed with this rezoning. As presently provided, the Land Bay Breakdown Table does not establish minimum nor maximum acreages within each land use. Nor does the proffer specifically state the development will adhere to the land bay breakdown depicted in the GDP as well as the Table. Additionally, this. development area is proposed to consist of business/commercial and residential land uses and, 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 • Page 2 Mr. Thomas Moore Lawson RE: Proposed Rezoning of Heritage Commons September 12, 2013 therefore, B3 (Industrial Transition) and M1 (Light Industrial) uses should be prohibited on the site. 5. Previous vs. New Land Use Tabulations. The original rezoning called for 54 acres of RP land and 96 acres of B2. Based on the residential percentages for Land Bays V and VII shown in the Land Bay Breakdown table for proffer 2, the new rezoning calls for 66 acres of residential land area and, therefore, 84 acres for commercial. The impact statement from the original rezoning showed 294 attached residential units and 704,450 square feet of commercial/office. The assumptions from the new rezoning are 900 multifamily units and 100 single- family attached units, and 1.15 million square feet of commercial/office space (which differs from proffer 2C which caps the residential units at 1,200). It is noted that the potential commercial/office space is increasing over 60 percent over the original rezoning, and the number of potential residential units is increasing over 400 percent. 6. Land Bay VIII. It appears this land bay will primarily consist of the right-of- way for Warrior Drive. The proposed land use for this Land Bay is not provided for in the Land Bay Breakdown table. The proposed land use of the Land Bay needs to be provided, as well as acknowledgement of Warrior Drive. This roadway should at a minimum be addressed with this rezoning and the remainder land area included in Land Bay VII. This land should not be shown as "to be determined." 7. Impact Analysis Statement. The application package does not have an Impact Analysis Statement that addresses impacts on transportation, water and sewer, environment, fire and rescue, etc. While some of these impact projections would be generally consistent with the original Russe11150 rezoning, other impacts, such as water and sewer, will certainly increase reflective of the greater densities sought by the new application. Such an analysis is vital to assessing the abilities of water and sewer capacities to accommodate anticipated flows. 8. Impact on Community Facilities. As part of the rezoning package, a fiscal impact analysis was submitted that showed a positive fiscal gain; however, there is no phasing or requirement that the commercial portion be constructed before the residential, to actually offset impacts as suggested by the submitted analysis. The County's Development Impact Model (DIM) projects an impact of $13,062 per single-family attached unit and $11,339 per multifamily unit. Therefore, based on the unit cap of 1,200 (proffer 2C), the potential impact the residential units will place on County facilities could range from $13.6 million to $15.6 million. Current county policy does not permit future tax contributions for either 0 • Page 3 Mr. Thomas Moore Lawson RE: Proposed Rezoning of Heritage Commons September 12, 2013 commercial or residential land uses to mitigate the fiscal impact on county facilities, and the lack of a phasing plan further questions the appropriateness to consider future tax contributions as mitigation of projected residential development impacts. 9. Monetary Proffers Omitted from New Rezoning. It should be clarified why the new rezoning application has removed the following previously -proffered residential monetary proffers: • $10,000 to Fire and Rescue • $3,000 per unit for Schools • $2,500 HOA start up proffer • $1 million for the general transportation fund ($3,500 per residential unit) 10. Bicycle Paths. The original proffer called for bicycle lanes (10' separate asphalt paths) along all the major collector roadways being constructed with the development. The new rezoning should also capture these improvements, as well as a bicycle path along Route 522 as called for in the Comprehensive Plan. 11. Access to Land Bay VII. The original proffer provided for the construction of Warrior Drive which would have served as the roadway to provide access into what is being called Land Bay VII with the new rezoning. The new rezoning proposes to eliminate the Warrior Drive access for this land bay and, therefore, it would need to have primary access to Front Royal Pike and would be virtually severed from the other portion of the development. This landbay should not have primary access to Route 522 and should be accessed via the internal road network of the development. 12. Interparcel Connection. The original proffers called for interparcel connections from the residential landbay to the adjacent parcel (64-A-18), the new rezoning does not call for any interparcel connection to parcel 64-A-18 (aka the Madison Village development which shows interparcel connection on their proposed GDP into parcel 64-A-12). Interparcel connections are required by § 165-202.04 of the Zoning Ordinance and should be accounted for in the proffers and the GDP. 13. Proffer 6 — Recreational Amenities. This proffer speaks in general terms of what could be constructed as recreational amenities for the project, but does not commit to provide any specific amenity. Unless the owner is proffering (committing to provide) a specific amenity, this proffer should be eliminated; the exact recreational unit type as required by ordinance would be specified at the MDP stage. The proffer also states that walking trails and sidewalks would be 0 • Page 4 Mr. Thomas Moore Lawson RE: Proposed Rezoning of Heritage Commons September 12, 2013 provided within the community; the trail locations should be located on the GDP. Please note that sidewalks along roadways are required by County Code. 14. Proffer 6 — Trail Easement. This proffer proposes to dedicate a trail easement to the Frederick County Parks and Recreation Department. This is a trail on private property and should be owned and maintained by the HOA; it would be more appropriate to create a public use trail easement enabling the public to utilize this HOA-owned trail amenity. 15. Proffer 7- Comprehensive Plan Conformity. Provide clarification as the need for this statement and what uses it would pertain to. 16. Proffer 8 — Community Signage Program. Signage is regulated within the Zoning Ordinance. It appears this proffer would allow for more signage within the development than allowed by ordinance, which is not permitted. a. 8b. Chapter 165 already regulates residential entrance signs. b. 8c. Monument signs are required by ordinance; therefore, proffering the sign type is repetitive. Signage material could be included in the proffer. 17. Generalized Development Plan. The generalized development plan's legend should include the marking utilized for the Warrior Drive area. Also, the lane configuration for the roadways should be shown on the GDP since this is the guiding document per the proffer statement for the road network. Modification Document 18. Modification #3. The modification language references the RP density table, and should also provide density ranges (minimum and maximum density) for this R4 Development. The justification should reference the expected density range specified for this area in the Comprehensive Plan. 19. Modification #4. The Zoning Ordinance states that no more than 50% of an R4 project may consist of commercial/industrial areas. Given the commercial nature of this project, it is advisable to provide a minimum commercial and maximum residential percentage for the project (minimum 55% commercial, maximum 45% residential). Page 5 Mr. Thomas Moore Lawson RE: Proposed Rezoning of Heritage Commons September 12, 2013 20. Modification #5. The decrease of open space from 30% to 10% seems excessive. The minimum open space for B2-zoned developments is 15% and the minimum for mixed residential development is 30%. The justification for the modification states that rooftop green spaces and amenities could be provided; however, there are no proffers or guarantees that these types of amenities will be provided. This modification has the potential to create a community with no outdoor areas for recreation or simply open space. Please note that open spaces do not have to be green areas, they can consist of central plazas and squares; therefore, a proffer to provide these types of amenities is encouraged to justify any open space modifications. The modification needs to include the total acreage contained within the stream valley and within the developed portions of the property. It does not appear that the justification provided supports the request for the reduction. 21. Modification #6. Specify that road efficiency buffers will be provided as required in the Zoning Ordinance. 22. Modifications. The rezoning package indicates there is a desire to build residential units connected to commercial units (either on the second or higher floors or attached). The Zoning Ordinance currently does not allow for this type of development and, therefore, an additional modification to create a new building type is necessary. 23. Property Owners. Property tax records indicate the sole owner of the property is R 15 0 SPE LLC; therefore, Frederick County Center, LLC should not be an owner signature on the proffer. Other 24. Transportation Comments. Please note that county transportation comments on the rezoning application from John Bishop, Deputy Director of Transportation, are being provided to you in a separate letter. 25. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick County Public Schools, the local Fire and Rescue Company, and the Frederick -Winchester Service Authority. Once attorney comments are received . . . 0 Page 6 Mr. Thomas Moore Lawson RE: Proposed Rezoning of Heritage Commons September 12, 2013 by the Planning Department, they will be forwarded to your office. County Attorney comments are required for acceptance of the rezoning application. 26. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 27. Verification of Taxes Paid. Provide current documentation that all taxes have been paid for the subject properties. 28. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 for each acre over 150, and a $50.00 public hearing sign fee. Therefore, the application fee is $25,050 plus the refundable $50.00 public hearing sign. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. A letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner Page 6 Mr. Thomas Moore Lawson RE: Proposed Rezoning of Heritage Commons September 12, 2013 by the Planning Department, they will be forwarded to your office. County Attorney comments are required for acceptance of the rezoning application. 26. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 27. Verification of Taxes Paid. Provide current documentation that all taxes have been paid for the subject properties. 28. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 for each acre over 150, and a $50.00 public hearing sign fee. Therefore, the application fee is $25,050 plus the refundable $50.00 public hearing sign. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. A letter describing how each of the agencies and their uoininents have been addressed should be included as part of the submission. Please feel free to contact me with questions regarding this application. Sincerely, (�� . W�Ae;z/� Candice E. Perkins, AICP Senior Planner Bcc: John R. Riley, Jr., Frederick Co. Administrator Frederick County Board of Supervisors COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 16, 2007 Benjamin M. Butler, Esquire McKee & Butler, P.L.C. P.O. Drawer 2097 Winchester, VA 22604-1297 RE: Zoning Certification Russell 150 Rezoning # 01-05 Dear Mr. Butler: This letter is in response to your correspondence dated May 3, 2007, to the Zoning Administrator requesting a zoning certification on the above -referenced project. This rezoning was approved by the Frederick County Board of Supervisors on September 28, 2007. This rezoning was of 150 acres of land, with proffers, from RA (Rural Areas) to B-2 (Business General) and RP (Residential Performance) Zoning District. I have included below an outline of the rezoning: 1. Property Identification Number (PIN) 64-A-10, 64-A-12, and 64-A-150 are zoned B-2 and RP Zoning District. These properties cover a land bay of 150 acres. 2. There are proffers and a proffered General Development Plan (GDP) assigned to these properties. 3. A Master Development Plan (MDP 908-06) for these properties has been approved by Frederick County on September 19, 2006. These properties are subject to the proffers of Rezoning #01-05. Any request to change proffers will require a rezoning. If you have any questions contact at (540) 665-5651. Sincerely, Marls R. Cheran Zoning Administrator MRC/bad Enclosures 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 61 a October 3, 2005 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #01-05, RUSSELL 150 Dear Evan: Department of Planning and Development This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 28, 2005. The above -referenced application was approved to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with Proffers; said Proffers reflecting the revisions which were accepted by the Board of Supervisors on September 28, 2005 (totaling 150.28 acres). The subject properties front on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645) and has frontage on the east side of Interstate 81, and are identified with Property Identification Numbers 64-A-10 and 64-A-12, in the Shawnee Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. The Department looks forward to working with you and the applicants during the development of this project. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Andersen, Real Estate Russell 150, LC, Attn: Denver E. Quinnelly, 36 Ricketts Dr., Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 REZONING APPLICATION 401-05 RUSSELL 150, LC Summary Staff Report for the Board of Supervisors Prepared: September 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Postponed for up to 60 Days 05/25/05 Postponed for up to 60 Days 08/10/05 Postponed for up to 90 Days PROPOSAL: To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64-A-10 and 64-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural/Vacant/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) B2 (Business General) South: RA (Rural Area) B2 (Business General) Bast: RP West: City of Winchester Use: Residential/Institutional Vacant Use: Vacant Vacant Use: Residential Use: Residential/Vacant PROPOSED USES: Residential (single-family attached and detached) and Commercial. Rezoning #01-05 —Russell 150, LC September 21, 2005 Page 2 REVIEW EVALUATIONS: VirjZinia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer MR: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick -Winchester Service Authority: No comments. Public Works Department: Please see the attached letter dated November 9, 2004, from Harvey E. Strawsnyder, Jr., P.E., Director of Public Works. Sanitation Authority: No comment. Frederick -Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks & Recreation: All bicycle lanes/trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 3 address recreational units required for this project Winchester Regional Airport: Please see attached letter dated December 8, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004, from Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent. Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005, from Ms. Candice E. Perkins, Planner H. Plannin6 & ZoninjZ: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 J Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. 0 0 Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement plamied road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4-lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided/raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to enviromnental features and historic areas. 3) Site Suitability/Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the enviromnental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. 0 • Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and acconunodated in the TIA. A. Transportation Traffic Impact Analysis. The Traffic hupact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). X(*) represents AM(PM) LOS. The permitted intensity of commercial development mould have a greater impact than that A;hich has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and irulovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the hnterstate 81/East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 7 The stated intent of the CDA is to provide fielding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to frilly participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right-of-way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right-of-way dedication is proffered to facilitate the extension and development of Airport Road. IIowever, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to frilly participate in the CDA established for the purposes of finding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that frilly addresses the needs of the project, community, and further assists with the fixture constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that 0 Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conjunction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to con -unit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planning efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick Winchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and 0 Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the HRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of connnercial development would have a greater impact on community facilities than that which has been modeled. The applicant's Impact Models evaluation of the impact on Solid Waste Disposal facilities should be considered' The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. however, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. hlitial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. 0 0 Rezoning 401-05 — Russell 150, LC September 21, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses. The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation. In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street / Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right-of-way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roadway), iii) to developing the ultimate section of Airport Road extended within an undetermined right-of-way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, v) to provide inter -parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. 0 0 Rezoning #01-05 — Russell 150, LC September 21, 2005 Page 11 D) Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $3,000 per residential Unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by - right build out of the commercial component of this rezoning request and' the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Plaiming Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16 2005 MEETING: Regarding the staff s concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their conunitment to provide a disclosure statement on the subdivision plats concerning airport -related noise for future residential property owners. No commitment was made by the applicant for the continuation of East Tevis Street, from the western limits of the property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA fielding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A conunissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four-year build -out. Therefore, the applicant was not willing to commit to a commercial start date. 0 • Rezoning 40 1 -05 — Russell 150, LC September 21, 2005 Page 12 Based on concerns about the large amount of impervious areas to be Constructed with parking and the detrimental environmental impact that Could result, Commissioners asked the applicant to consider incorporating best management practices for the parking and non -porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent, prior to the Board's consideration. Commission members inquired if any of the HRAB's recommendations regarding the farm complex were being considered. The applicant replied that all of the structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light of the special taxing involving the CDA and the wide variety of commercial -retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because of the additional school children that would impact already -overcrowded schools. Another commissioner suggested the possibility ofthe applicant conducting an environmental impact study in light of Buffalo Lick Run. The Chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; Continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right-of-ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S): Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: GochenoUr 0 Rezoning 40 1 -05 — Russell 150, LC September 21, 2005 Page 13 BOARD OF SUPERVISORS' SUMMARY & ACTION FOR THE APRIL 13, 2005 MEETING: Members of the Board sought assurances that the County would not be responsible for the infrastructure construction, if the Community Development Authority collapsed. They also felt a phasing plan would be vital to ensure the commercial development is completed before the residential construction is started. They believed the commercial development would provide the fields the County would need to mitigate the impacts of the proposed residential portion of development. In addition, the Board felt the project was incomplete without the extension of East Tevis Street to Route 522. Two adjoining property owners spoke during the public hearing portion of the meeting. One of the property owners supported the project and said it would be good for the County. The other property owner had concerns about commercial development taking place behind him; he did not think that the traffic circle proposed in the plan would be good for areas where there is high -density traffic. The Board unanimously agreed to postpone action on the rezoning application for up to 60 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE MAY 25, 2005 BOARD OF SUPERVISORS MEETING: Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, R7_01-05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un-addressed. On May 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Options available to the Board are as follows: 1) To deny RZO 1-05 in it's current form. 2) To continue the postponement of RZO 1-05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. 3) To approve RZO1-05 in it's current form. STAFF UPDATE FOR THE AUGUST 10, 2005 BOARD OF SUPERVISORS MEETING: The Board of Supervisors, at their May 25, 2005 Board Meeting, continued the postponement of RZO 1- 05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. On July 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 90 day period from the August 10, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. 0 0 Rezoning #01-05 —Russell 150, LC September 21, 2005 Page 14 Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO 1-05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un-addressed. It may be appropriate for the Board of Supervisors to continue the postponement of RZO1-05 as requested by the applicant in their letter dated July 18, 2005, for up to another 90 days. Alternately, the options available to the Board are the same as identified in the Staff update for the May 25, 2005 BOS meeting. STAFF UPDATE FOR THE SEPTEMBER 28, 2005 BOARD OF SUPERVISORS MEETING: At the August 10, 2005 meeting the Board of Supervisors granted the continuation of a postponement for this application. The applicant had up until the November 9, 2005 Board meeting to address the concerns identified previously by the Board of Supervisors. On September 21, 2005, staff was provided with a revised set of proffers and a revised GDP for the Russell 150 rezoning application. At this time, staff has not had the opportunity to review the content of the revised proffers, but will be providing a review to the Board prior to the meeting. Staff believed it was important to forward the revised materials to the Board as soon as possible. 0 GREENWU ENGINEERING 151 Windy Hill lane %ft-;7 Winchester, Virginia 22602 Founded in 1971 July 18, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application for up to an additional 90-day period. As you know, the applicant previously requested a 60 day continuance from the May 25, 2005 Board of Supervisors meeting, which is scheduled to be reconsidered by the Board of Supervisors on August 10, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to 90 days from the date of the August 10, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional information and I will forward it to you immediately. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator Mike Ruddy, Frederick County Planning Department Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com i 0 • °N- GREENWU ENGINEERING lam` 151 Windy Hill Lane ; Winchester, Virginia 22602 Founded in 1971 July 18, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application for up to an additional 90-day period. As you know, the applicant previously requested a 60 day continuance from the May 25, 2005 Board of Supervisors meeting, which is scheduled to be reconsidered by the Board of Supervisors on August 10, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to 90 days from the date of the August 10, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional information and I will forward it to you immediately. Sincerely, Coc Evan Wyatt, AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator Mike Ruddy, Frederick County Planning Department Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 wwtix.greenwayeng. corn 0 0 REZONING APPLICATION #01-05 RUSSELL 150, LC Summary Staff Report for the Board of Supervisors Prepared: May 19, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Postponed for up to 60 Days 05/25/05 Pending PROPOSAL: To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERN: 64-A-10 and 64-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural/Vacant/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential/Institutional B2 (Business General) Vacant South: RA (Rural Area) Use: Vacant B2 (Business General) Vacant East: RP Use: Residential West: City of Winchester Use: Residential/Vacant PROPOSED USES: Residential (single-family attached and detached) and Commercial. • 0 Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F&R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick -Winchester Service Authority: No comments. Public Works Department: Please see the attached letter dated November 9, 2004, from Harvey E. Strawsnyder, Jr., P.E., Director of Public Works. Sanitation Authority: No comment. Frederick -Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks & Recreation: All bicycle lanes/trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not 0 0 Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 3 address recreational units required for this project Winchester RelZional Airport: Please see attached letter dated December 8, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004, from Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent. Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005, from Ms. Candice E. Perkins, Planner 11. Planning & Zonina: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] T.nrarl TTcv The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. 0 0 Rezoning #01-05 —Russell 150, LC May 19, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use enviromnent. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4-lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided/raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to environmental features and historic areas. 3) Site Suitability/Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. Rezoning #01-05 —Russell 150, LC May 19, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Anal The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *(*) represents AM(PM) LOS. The permitted intensity of commercial development would have a greater impact than that which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81/East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to fully participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right-of-way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right-of-way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to fully participate in the CDA established for the purposes of funding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that fully addresses the needs of the project, community, and further assists with the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that • 0 Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conjunction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planning efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick Winchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the HRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development would have a greater impact on community facilities than that which has been modeled. The applicant's Impact Models evaluation of the impact on Solid Waste Disposal facilities should be considered. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. • Rezoning #01-05 —Russell 150, LC May 19, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses. The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation. In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street / Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right-of-way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roadway), iii) to developing the ultimate section of Airport Road extended within an undetermined right-of-way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, v) to provide inter -parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 11 D) Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by - right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING: Regarding the staff s concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their commitment to provide a disclosure statement on the subdivision plats concerning airport -related noise for fiiture residential property owners. No commitment was made by the applicant for the continuation of East Tevis Street, from the western limits of the property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four-year build -out. Therefore, the applicant was not willing to commit to a commercial start date. 0 0 Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental impact that could result, commissioners asked the applicant to consider incorporating best management practices for the parking and non -porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent, prior to the Board's consideration. Commission members inquired if any of the HRAB's recommendations regarding the farm complex were being considered. The applicant replied that all of the structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light of the special taxing involving the CDA and the wide variety of commercial -retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because of the additional school children that would impact already -overcrowded schools. Another commissioner suggested the possibility of the applicant conducting an environmental impact study in light of Buffalo Lick Run. The chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right-of-ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S): Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 13 BOARD OF SUPERVISORS' SUMMARY & ACTION FOR THE APRIL 13, 2005 MEETING: Members of the Board sought assurances that the County would not be responsible for the infrastructure construction, if the Community Development Authority collapsed. They also felt a phasing plan would be vital to ensure the commercial development is completed before the residential construction is started. They believed the commercial development would provide the funds the County would need to mitigate the impacts of the proposed residential portion of development. In addition, the Board felt the project was incomplete without the extension of East Tevis Street to Route 522. Two adjoining property owners spoke during the public hearing portion of the meeting. One of the property owners supported the project and said it would be good for the County. The other property owner had concerns about commercial development taking place behind him; he did not think that the traffic circle proposed in the plan would be good for areas where there is high -density traffic. The Board unanimously agreed to postpone action on the rezoning application for up to 60 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE MAY 25, 2005 BOARD OF SUPERVISORS MEETING: Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO 1-05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un-addressed. On May 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Options available to the Board are as follows: 1) To deny RZO 1-05 in it's current form. 2) To continue the postponement of RZO 1-05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. 3) To approve RZO 1-05 in it's current form. STAFF UPDATE FOR THE AUGUST 10, 2005 BOARD OF SUPERVISORS MEETING: The Board of Supervisors, at their May 25, 2005 Board Meeting, continued the postponement of RZO 1- 05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. On July 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 90 day period from the August 10, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. 0 0 Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 14 Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO1-05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un-addressed. It may be appropriate for the Board of Supervisors to continue the postponement of RZO1-05 as requested by the applicant in their letter dated July 18, 2005, for up to another 90 days. Alternately, the options available to the Board are the same as identified in the Staff update for the May 25, 2005 BOS meeting. 0 REZONING APPLICATION 901-05 RUSSELL 150, LC Summary Staff Report for the Board of Supervisors Prepared: May 19, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Postponed for up to 60 Days 05/25/05 Pending PROPOSAL: To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64-A-10 and 64-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural/Vacant/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential/Institutional B2 (Business General) Vacant South: RA (Rural Area) Use: Vacant B2 (Business General) Vacant East: RP Use: Residential West: City of Winchester Use: Residential/Vacant PROPOSED USES: Residential (single-family attached and detached) and Commercial. Rezoning 401-05 — Russell 150, LC May 19, 2005 Page 2 REVIEW EVALUATIONS: Vii•14inia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F&R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick -Winchester Service Authority: No comments. Public Works Department: Please see the attached lettef• dated November 9, 2004, from Harvey E. Straivsnyder, Jr., P.E., Director of Public Works. Sanitation Authority: No comment. Frederick -Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks & Recreation: All bicycle lanes/trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not Rezoning 40 1 -05 — Russell 150, LC May 19, 2005 Page 3 address recreational units required for this project Winchester RejZional Airport: Please see attached letter dated December 8, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004,firom Mr. Stephen Kapocsi, Administrative Assistant to the Superinlendent. Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005,.fl-0771 Alls. Candice E. Perkins, Planner H. PlanninIz & Zoninjz: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 ] T.nlld TTrn The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. Rezoning #01-05 —Russell 150, LC May 19, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. T7,ansporlalion The Frederick County Eastern Road Plan provides the guidance regarding fixture arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4-lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided/raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning 40 1 -05 — Russell 150, LC May 19, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to environmental features and historic areas. 3) Site Suitability/Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. 0 Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Anal The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *(*) represents AM(PM) LOS. The permitted intensity of commercial development would have a greater impact than that which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81 /East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. 0 • Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to frilly participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right-nf--way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right-of-way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to fully participate in the CDA established for the purposes of funding the construction of this and other improvements. Development of the bridge is only guaranteed with the establislnnent and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that fully addresses the needs of the project, community, and further assists with the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that 0 • Rezoning 40 1 -05 — Russell 150, LC May 19, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conjunction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially fixture County planning efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The pe7'717itted intensity of commercial development would have a greater impact than that Which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick Wincheste7• Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Innpact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and Rezoning #01-05 —Russell 150, LC May 19, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the HRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development tinould have a greater impact on community facilities than that which has been modeled. The applicant's Impact Models evalitalion of the impact on Solid Waste Disposal facilities should be considered The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. 0 • Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses. The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation. h1 recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street / Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right-of-way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roaduvay), iii) to developing the ultimate section of Airport Road extended within an undetermined right-of-way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, v) to provide inter -parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. Rezoning 40 1 -05 — Russell 150, LC May 19, 2005 Page 11 D) Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MELTING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they frilly address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Plamling Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by - right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING: Regarding the staff's concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating tlieir commitment to provide a disclosure statement on the subdivision plats concerning airport -related noise for future residential property owners. No conunitmeut was made by the applicant for the continuation of East Tevis Street, from the western limits of the property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Conunission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four-year build -out. Therefore, the applicant was not willing to commit to a commercial start date. 0 • Rezoning 40 1 -05 — Russell 150, LC May 19, 2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental impact that could result, commissioners asked the applicant to consider incorporating best management practices for the parking and non -porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent, prior to the Board's consideration. Commission members inquired if any of the HRAB's recommendations regarding the farm complex were being considered. The applicant replied that all of the structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light of tile special taxing involving the CDA and the wide variety of commercial -retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because of the additional school children that would impact already -overcrowded schools. Another commissioner suggested the possibility of the applicant conducting an environmental impact study in light of Buffalo Lick Run. The chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right-of-ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S): Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour Rezoning #01-05 —Russell 150, LC May 19, 2005 Page 13 BOARD OF SUPERVISORS' SUMMARY & ACTION FOR THE APRIL 13, 2005 MEETING: Members of the Board sought assurances that the County would not be responsible for the infrastructure construction, if the Community Development Authority collapsed. They also felt a phasing plan would be vital to ensure the commercial development is completed before the residential construction is started. They believed the commercial development would provide the funds the County would need to mitigate the impacts of the proposed residential portion of development. In addition, the Board felt the project was incomplete without the extension of East Tevis Street to Route 522. Two adjoining property owners spoke during the public hearing portion of the meeting. One of the property owners supported the project and said it would be good for the County. The other property owner had concerns about commercial development taking place behind him; he did not think that the traffic circle proposed in the plan would be good for areas where there is high -density traffic. The Board unanimously agreed to postpone action on the rezoning application for up to 60 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE MAY 25, 2005 BOARD OF SUPERVISORS MEETING: Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZ01-05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting, remain un-addressed. On May 18, 2005. a letter was received from the applicant that requests that the Board of Suipervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Options available to the Board are as follows: 1) To deny RZO 1-05 in it's current form. 2) To continue the postponement of RZO 1-05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. 3) To approve RZO 1-05 in it's current form. GREENWAY ENGINEERING 151 Windy Bill lane Winchester, Virginia 22602 1 Owided in 1971 May 16, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application that is scheduled to be reconsidered by the Board of Supervisors on May 25, 2005. As you know, the Board of Supervisors postponed action on this request for up to 60 days during their regular meeting on April 13, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors during this meeting. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional information and I will forward it to you immediately. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator ✓Mike Ruddy, Frederick County Planning Department Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com M AY 1 g 2005 • REZONING APPLICATION 401-05 RUSSELL 150, LC Staff Report for the Board of Supervisors Prepared: March 29, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Pending PROPOSAL: To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64-A-10 and 64-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural/Vacant/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) B2 (Business General) South: RA (Rural Area) B2 (Business General) East: RP West: City of Winchester Use: Residential/Institutional Vacant Use: Vacant Vacant Use: Residential Use: Residential/Vacant PROPOSED USES: Residential (single-family attached and detached) and Commercial. Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the LT.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F&R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick -Winchester Service Authority: No comments. Public Works Department: Please see the attached letter dated November 9, 2004, from Harvey E. Strawsnyder, Jr., P.E., Director of Public Works. Sanitation Authority: No comment. Frederick -Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks & Recreation: All bicycle lanes/trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 3 address recreational units required for this project Winchester Regional Airport: Please see attached letter dated December 8, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004, from Mr. Stephen Kapocsi, Administrative Assistant to the Superinlendent. Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005, from Ms. Candice E. Perkins, Planner H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living enviromnent within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. 0 0 Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master plarmed boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4-lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided/raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planried to mitigate impacts to environmental features and historic areas. 3) Site Suitability/Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *(*) represents AM(PM) LOS. The permitted intensity of commercial development would have a greater impact than that Which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81 /East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. Rezoning 40 1 -05 — Russell 150, LC March 29, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a fielding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to fully participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right-of-way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right-of-way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to filly participate in the CDA established for the purposes of fielding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that filly addresses the needs of the project, community, and further assists with the fixture constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that Rezoning 90 1 -05 — Russell 150, LC March 29, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conjunction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planting efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that 14�hich has been modeled and reviewed by the Frederick Counly Sanitation Authority and Frederick Winchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and 0 0 Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the HRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development ivould hale a greater impact on c01771771177ity facilities than that ivhich has been modeled. The applicant's Impact Models evaluation of the impact on Solid Waste Disposal,facilities should be considered The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the amount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to fixture property owners of the residential uses regarding aircraft noise associated with airport operations. Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses. The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Towril-iouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation. In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street / Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right-of-way for said purpose (ulihnate section is interpreted to be a 4 lane raised median divided roadway), iii) to developing the ultimate section of Airport Road extended within an undetermined right-of-way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, v) to provide inter -parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. • 0 Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 11 D) Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the hill by - right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING: Regarding the staffs concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their commitment to provide a disclosure statement on the subdivision plats concerning airport -related noise for fixture residential property owners. No commitment was made by the applicant for the continuation of East Tevis Street, from the western limits of tile property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four-year build -out. Therefore, the applicant was not willing to commit to a commercial start date. • 0 Rezoning #01-05 — Russell 150, LC March 29, 2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental Impact that could result, commissioners asked the applicant to consider Incorporating best management practices for the parking and non -porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent, prior to the Board's consideration. Commission members inquired if any of the I-IRAB's recommendations regarding the farm complex were being considered. The applicant replied that all ofthe structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light of tile special taxing involving the CDA and the wide variety of commercial -retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because of the additional school children that would impact already -overcrowded schools. Another commissioner suggested the possibility of the applicant conducting an environmental impact study in light of Buffalo Lick Run. The chairman asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right-of-ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S): Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour Following the required public hearinga, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. C� C-4 M 0 0 February 17, 2005 Mr. Ev-a.n, Wyatt, AJCP Grceni?,w Engineering 151 Windt Hill Lane Winchester, VA 22602 Of FREDERICK Deparfn1ent-of Planning and Development SW665-5651 E& X; 540/665-6395 RE: Russell .150 Rezoning Proposal Location: l:'Mfs on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). PropertyldmMeation Number (PIN): 64-A-12; Zoning Distriet: RA (Run] Areas) Dear Mr. Wyatt: The Frederick County Historic Resources Adviso Y Board (1IRAB) considered the above referenced rezoningProposal duriug theirmeeting of);ebntary 15, 2005. The HRABreviewedmfa—tionass,,dated with the Frederick Coun(y Rural Landmarks Sn_nnwRep ort, the Virginia Department of HistoticResflumes as wHil as information provided by the applicanL Historic Resources Achisory Board Concerns Tlwe Rural Landmarks Survey Re rt for Frederick County identifies a colleelion of structures known as the "Russell Place" on the property. The Russell Place is identified by the survey as being p wn as the significant. It is the intent of the applicant t.o rezone this property to theB2 ($�siness General) and RP (Residential Performance) Zoning Districts. The HRAB expressed grea(corxcern that the struewres on the property n- o* be moved as the applicant was uwmil ling to commit': to aDy presezvation elorts. lnformatian from the Virginia Department of Ijis toric Resources (VDl3R) file states that this is a "turn of the oentwy complex, remarkably intact in the midst of increasing area developrneat"and that it is the last intact fmm close fo Wincbesfer. The VDHR `Y' also stated that thus property should be invesfiQ ted. for C 4 gossii�lezegist�potential. LC, The IIFZAB suggests the following be considered to nmiti�be impacts on (he historieresotuces: a a cti ' First and foremost, the owner/developer must have setious Sensitivity for the site and ari understanding of the bis(oric aspect of (he property. r� 107 Norih Kent Street, Suite 202 • Winchester) ylrgffija 22601.5000 m Mr. Evan Wyatt, AICP Re: Russell 150 Rezoning Proposal d- February 17, 2003 CXN Page 2 0 o The farm complex is an anomaly left in this area- of the county, A should be saved and hxoiporated into the commer6aldevelopment as a"Yemmdet ofwhat Frederick County had" or "cut out" around (his development and leave A residential. • The farm complex could be an integral part of the entrance of the development. The engin=Tfowner should use a creative design to make the buiddings fit in vAlh dei^elopmenc, utilize similar desigrt concepts in the nm, commercial areas thartreflectwhat is present in the Earn complex. • A Phase I study of the pcperty to determine if the property is eligible (through the VDHR) for the state registry needs to be done by the properly owners, • if the site is W be demolished, theentire site mustbe thoroughly documented (comprehensive shedy). A new surveyusingATDHR standards along with pboGographs needs to be completed. Please contact me with any questions concerning these comments from the HRAB. Sincerely, - a7tltj Candice E. Perkins Planner lI CEPIbad cc. Rhoda Kriz, Harold Lelvn.an, HRAB Members Gene Fisher, 5hemnee Dis(ciet Supervisor Michael T. Ruddy, Deputy Director m c� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 January 11, 2005 Mr. Mark Smith Greenway Engineering 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Preliminary Comments — Russell 150 Rezoning Application. Dear Mark: Thank you for forwarding to this office the Russell 150 rezoning application materials for our review. Also,•the opportunity to discuss this project with you at your office last week was most helpful. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. As customary, it is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. 1) Preliminary Matters a) Item 7. of the Rezoning Application requires that a listing of all adjoining property owners is provided. In addition, The Code of Virginia, Section 15.2- 2204.C. requires that adjoining property owners in adjacent jurisdictions of the Commonwealth are notified or the proposed zoning change. Please ensure that property owners in the City of Winchester who adjoin the Russell 150 property via the Interstate 81 right-of-way are included in the adjoining property listing. As this rezoning proposal directly adjoins the City of Winchester, please ensure that written notice is also provided to the City Manager and City Planning Director as soon as possible for their review. The Code also requires that the CEO of the adjacent locality is notified if the property is within 1/2 mile of the boundary of the adjoining locality. With this in mind, and considering the City/County CDA concept, it is important to give them an opportunity to provide their input early in the process. It is expected that their review comments will be part of any rezoning application that is officially submitted for this project. JAN I L 2005 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 2 b) Community Development Authority Consideration. The special taxing district concept briefly introduced with this application is potentially an imaginative approach to a unique multi jurisdictional transportation and economic development scenario. IIowever, details associated with such a Community Development Authority are not provided in this application. Further, the Department of Planning and Development is not aware of any formal progress or discussion that has occurred to further such an authority. It is important for the applicant to forward this discussion and to address the position of the City of Winchester, in addition to that of Frederick County, on their level of involvement in such a Community Development Authority. The County and the applicant will have to determine if it is appropriate to move forward with the rezoning of this property as presented prior to the formalization of an agreement regarding the Community Development Authority and special taxing district. This is very important as the CDA appears to be designed as a critical component of the application and Proffer Statement that would ensure a significant portion of the infrastructure improvements are completed. The proffer statement commits the applicant to participate fully in the Winchester -Frederick County Community Development Authority special taxing district; an assumption that is presumably made for such time the CDA is authorized. IIowever, if a Community Development Authority is not a concept that is ultimately desirable to the County and the City, the application would need to be significantly modified. A commitment from the localities involved may be timely. The form and timing of such a commitment would be at the discretion of the localities but should be facilitated by the applicant. It is staff's belief that this rezoning application as currently presented should not proceed until more significant progress has been made towards the establishment of such a Community Development Authority. With the endorsement of the Community Development Authority and the clarification of the benefits, commitments, and details already worked out, a rezoning application for this property would be much more straightforward. Presently, many questions remain regarding the CDA. It would appear as though the burden of developing, administering, promoting, justifying, and the ultimate fiscal responsibility of such an authority would be entirely with Frederick County and the City of Winchester. If an authority is deemed to be desirable to the localities, it should ensure that a full transportation solution in the vicinity of this project is achieved. c) Mixed Use Concept. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 3 designation. As noted in the Comprehensive Plan, mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. From a land use planning perspective, the location and scale of this project may present a unique opportunity to implement a truly mixed use project into Frederick County. The property is located on the east side of Interstate 81 with a considerable amount of prominent visibility and a strategic economic location that provides this opportunity. In many other communities there are successful examples of projects of a similar size and land use mix that have created commercial and mixed use environinents that stand above the typical suburban residential and commercial developments and provide an urban and commercial focal point of the community. Such a creative approach or concept would be more preferable and acceptable than a rezoning that would simply enable more of the existing pattern of development to occur. A continuation of the suburban pattern of development that exists along Pleasant Valley Road or Millwood Pike would do little to enhance the character of the Urban Development Area of Frederick County. With the above said, the value of the economic tax base from this project as proposed is recognized. However, the County and the applicant may be interested in entertaining a concept similar to that described above that would eribance the economic value and employment opportunities of this project and provide an opportunity to create a venture that is an exemplary example of a mixed use project and a focal point for Frederick County's UDA. The connection between the City of Winchester and Frederick County could also be enhanced with this project. The mixed use concept envisioned for the southern portion of the property should be recognized in the rezoning application. This concept could potentially be enhanced with an integrated approach for the property in its entirety. Indeed, other adjacent properties could be incorporated into the concept. The Route 50 East Corridor Land Use Plan provides guidance for the conunercial development of this property. However, it may be appropriate to consider improvements to this plan in an effort to incorporate new commercial land use concepts and to enhance the quality and economic strength of specific development projects. 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 4 2) Impact Analysis and Proffer Statement a) The area designated for residential use situated south of the Buffalo Lick Run stream valley constitutes approximately thirty six percent of the total project area, based upon the figures provided in the application, as opposed to the twenty five percent noted in the narrative. When correcting the narrative, it should also be recognized that the mixed use percentages should be considered in light of this property and adjacent properties south of the Buffalo Lick Run stream valley. Efforts should be made to provide the foundation for a mixed use environment in the area south of the stream valley. The commercial component north of the stream valley is designated as one hundred percent commercial. b) In the discussion of the suitability of the site, Access, the subject property is noted as having 220 feet of frontage on Route 522. It would appear as though this number is incorrect. Please confirm and correct the number if necessary. Also, the residential land bay is noted as having a single connection to Front Royal Pike, and a single entrance on Warrior Drive. However, this is not shown on the GDP or noted in the proffers. It should be recognized that the Southern Frederick Land Use Plan identifies environmental constraints and depicts a road system that is generally designed to respect these constraints. Specifically, a connection is shown between Front Royal Pike and Warrior Drive a little further south of this project, yet central to this area of mixed use, and at a point designated with a future traffic signal. It would appear as though consideration was given to minimizing the number of access points onto Front Royal Pike and ensuring that any such access points are provided with a safe and controlled signal. c) Please note that all applicable County Ordinances, in particular Sections 165-31 and the FP Floodplain District, provide additional guidance regarding the disturbance of environmental features and floodplains beyond the regulations of the identified State and Federal Agencies. d) The designation of the main body of Buffalo Lick Run and its associated floodplain as a public park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. Please provide additional information regarding the vision for this open space designation; in particular, regarding the public or private nature of this open space. The Parks and Recreation Department should provide a comment on the desirability of this concept. 0 • Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 5 e) The road system in the Southern Frederick Land Use Plan seeks to sustain the environmental features in this area by avoiding or minimizing crossings of riparian areas. The plan may suggest a modification to the road alignment in the area south of Buffalo Lick Run in order to minimize the impact on the riparian features. f) The preservation of the stream valley, slopes and wooded areas are addressed in the impact statement. These commitments should be incorporated into the Proffer Statement in order to guarantee the described concept. It should be noted that there is no such entity as the Winchester - Frederick County Park Authority. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. g) The Russell 150 project should ensure a regionalized stormwater management approach concept, as encouraged in the Southern Frederick Land Use Plan, to provide entrance protection to the Buffalo Lick Run area and its tributaries. It would be desirable to further memorialize this and other environmental commitments in the Proffer Statement. h) The adjoining property information should be updated to reflect the recently approved B2 property immediately to the south and the correct zoning designation of the property to the north. It should also more accurately reflect the actual use of the adjacent land. i) Transportation. i) Frederick County. The primary reason for the involvement of Frederick County and the City of Winchester in the CDA associated with this project would be to ensure that a coordinated comprehensive approach, designed to achieve needed long term regional transportation improvements of the City and County, is frilly accomplished in conjunction with this project. Conspicuously absent from the transportation program is the assured completion of the direct connection from this project and the City to Route _ 522. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. Part of the rationale for the necessity of this east -west connection is to ensure that the long term transportation needs of the project, community, and the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17. It would be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application .January 11, 2005 Page 6 The application notes that the roadways proffered through the GDP are in conformance with comprehensive planning documents. This is accurate on the subject property but is clearly limited to the subject property and does not extend off -site to fully mitigate the transportation impacts of this project or fully implement the connections identified in the various planning documents. The Traffic Impact Analysis (TIA) identifies a build -out lane geometry and level of service, and identifies roadway improvements designed to provide for an acceptable level of service. The roadway improvements that are identified should be guaranteed within the Proffer Statement. ii) City of Winchester. The commercial development occurring in the City of Winchester immediately to the west of Interstate 81 does not appear to have been included in the background condition information of the Traffic Impact Analysis (TIA). Also, the TIA appears to indicate an unacceptable level of service at the intersection of East Tevis Street and South Pleasant Valley Road without the implementation of suggested roadway improvements. It is important to ensure that the background traffic information is as accurate as possible. It is also noted that the TIA includes background trip generation information from projects in the County that have not been approved by Frederick County. A result of this may be that the background traffic count that is provided is overstated. This may result in an inflated level of service and therefore a resulting negligible differential between the background level of service and that with the project included. j) Phasing. The timing or phasing of the transportation is not included with the rezoning application. It is important to address this issue to ensure that the road improvements and connections occur in concert with the development or in a manner appropriate for the City and County. With regards to the phasing of the bridge crossing of Interstate 81 and the extension of Tevis Street to Route 522, this connection should occur at the initiation of the project to ensure the benefits of the connection to the City and County are realized and the traffic patterns are established. Consideration should be given to the phasing of the different land uses. The introduction of the residential components would result in an immediate fiscal impact to the County. A phased approach to the inclusion of commercial along with the residential would be desirable. This would assist in the mitigation of the 0 0 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 7 impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. k) Historic Resources. The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warrants the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). At such time you feel that the application is in appropriate form, please forward it to the HRAB via this office for their review. The potential may exist to build upon the character of the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run. Please feel free to contact me at any time regarding the above comments or the application in general. As I have identified in this letter, further coordination of the review with the City of Winchester and the Frederick County Director of Parks and Recreation is required. Of primary importance at this time is the need to further the level of discussion and understanding of the proposed Community Development Authority Concept. I look forward to continuing our participation in the review of this application. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad "U uraltif COUNTYofIfi ib rytttCOUNTYOF FREDERICF: E.AWRE':NCE R. AMBROGI CHARLES W. STANSFIELD C mnum ralth , :\ttomc} ate' . Administrator GLEINN R. WILLIAMSON ERIC W. HEFLIN \-i,tant Common%%calth's Attome% Investigator WAi:rER E. HIBBARD '. MELISSA D. RICE \„htant Coin momsealth', Attome} VictimiWitness Director 665-6369 / 667-3454 FAX NICOLF. M. SPICER OFFICE OF THE. Assi;umt Commonwealth's Attome) COMMONWEALTH'S ATTORNEY 107 NORTH KENT STREET WINCHESTER. VIRGINIA 22601 (540) 665-6383 FAX (540) 667-3454 February 18, 2005 Mike Ruddy Deputy Director Frederick County Planning and Development MAR 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Russell 150 Rezoning Dear Mike: The attached proffers appear to be proper in form and substance, although lacking in detail. arence LAmbrogi Frederick County Attorney 0 Rezoning Comments Citv of Winchester Mail to: Hand deliver to: Winchester City Planning Department Winchester City Planning Department Attn: Planning Director Attn: Planning Director 15 North Cameron Street Rouss City Hall Winchester, Virginia 22601 15 North Cameron Street (540) 667-1815 Winchester, Virginia RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Russell 150, LC c/o Greenway Engineering Attn: Andy Conlon, A►ICP Telephone: 540-662-4185 Location of Property: Frontiniz on the west side of Front Royal Pike (Route 522) opposite Airport Road (Route 645) Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Applicant Please fill out the information -as accurately as possible_in order; [o assist the `• py City of Winchester with their review Attach a co ' o yourappLcat<on form, Iocafiotn map, prp#%r statement, �pnut analysis, and' and other pe�hn�nkinformatioti ,� 61 A 6H �! NIVERSI N 10 3 A B2 N A 5 64 A 7 6ig4 A e9 M2 ,.,,• I ? 64B A 21 GLARE, FRED L JR RESIDUAL TRUST B2 WINCHESTER REGIONALN A A N B2 6/ A 9 i__F i w1M 64 A 97A n D FCh. / g F 64B A 33A a y9e B2 ?7¢�tetQ NB A 35 a n... .�o F•P NBA 39 RUSSELL 150, LC N A 10 < NBA TS B1 WINCHESTER REGIONAL % 6N3 A 10 ba A 79 RP < a < a I� NB A 79 < a bti .. 9, Aa Q <<"� bb bh •3 Q a0 0< a c 'D � City of Winchester A N NBA n NB A491 $ RP N A 4X PUBA ^a B2 a < Airport Rd a < _ — ---- a RUSSELL 150. LC A 12 NC A 7 kC S INVIC, LLC A S 64A 45 B2 61 A 45K ,1 a W s c' s N A 651 O 0 61 A 40K '^ Q a, AIRPORT BUSINESS PARK LLC m U 4 �QQ � N A 65B ADAMS FAMILY LTD PR 3 61 A 65 61 A 40M AIRPORT BUSINESS PARK LLC �p1t �a M 1 a RP EFG 1 YENTS, LLC 522 � PaF 64A 401 63 A 123A \% SIC A A gy 64C A 15 �� AIRPORT BUSINESS PARK, LLC y< d 61 A IOP g �yC. KOKORSKY, YANFREO G 64A 16 R r C 'CT' 4 FG INVESTMENTS, LLC 63 A 124 N g o Qt a p 1,1e R Elmwood Rd RFc ? �'ee S\`a 6� P N A 16 - �t O Rezoning # 01 - 05 +an- 1t Russell 150, LC ( 64 - A - 10, 64 - A - 12) FW N w E s c. 5 64 A _ FSTEifR66RONAL 61 A 89 6/9 E, FRED L JR RElIDUAL TRUST t Q 64 87A I. 646 A 39 /// r/ ' • �P t.' RUSSELL150,LC61„A yr p 44B�7 i••. Q • .., WINCHESTER REGIONAL //i/ i j7 �`• j �Y. 48 .3• • .:: y •o P 6/B A• 10 1\. 61 A 79 if It b5p Is �� ice= e p �b 4T xk Airport Rd P � SSELL 150, LC \\ 't4't 45F —V ,� ITi//J r1®,./la ��� \` - •� •` 6/ A !SK 6/ A 15 •a qtol . is "/�►/�P 4 /'� 1�' 1' `%IJ� , \\ �1�' � �\.. � °�� / 4 S1NE55 • it ���! 7f # •�. WPA MNILYTTDPR ' r 1 ! A 45 IOM BUfINESS PARK LLC•\0'1 p 6/ A 101 11Is vw *POR19USINE>IS�RK, S1L_ {{ ` KOKORSKY, MtNFREO G • � - - 'Q /� M' .. sv, INVESTMENTS, LLC 63 A 124 ��ss01� = I ,' � •Elm�oodRd 1r�' a �'. i t Rezoning # 01 - 05 N 1 Russell 150, LC ( 64 - A -10, 64 - A - 12) w ,. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.• P ;. Zoning Amendment Number Date Received O PC Hearing Date 27A,t5 BOS Hearing Date r The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Russell 150, LC Telephone: (540) 662-4164 Attn.: Denver E. Quinnelly, Manager Address: 36 Ricketts Drive Winchester, VA 22601 2. Property Owner (if different than above) Name: same as above Address: 36 Ricketts Drive Winchester, VA 22601 3. Contact person if other than above Name: Greenway Engineering Attention: Mark D. Smith, LS PE Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4164 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X • 9 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Russell 150, LC 6. A) Current Use of the Property: Unimproved (150.28 acres) B) Proposed Use of the Property: Commercial, office and retail, Residential. Single-family attached 7. Adjoining Property: Please see attached for detailed list PARCEL ID NUMBER USE ZONING 64-((A))-l0A Residential RP 64-((A))-1 1 Residential RP 64-((A))-14 Residential RP 64B-((4))-8 Residential RP 64B-((4))-9A Residential RP 64B-((4))- l0A Residential RP 64B-((A))-25J Residential RP 64B-((4))-26 Residential RP 64B-((4))-27 Residential RP 64B-((4))-28 Residential RP 64B-((A))-29 Residential RP 64B-((4))-30 Residential RP 64B-((4))-31 Residential RP 64B-((4))-32 Residential RP 64B-((4))-33 Residential RP 64B-((4))-34 Residential RP 64B-((4))-35 Residential RP 64B-((4))-36 Residential RP 64B-((4))-37 Residential RP 64B-((4))-38 Residential RP 64B-((4))-39 Residential RP 64B-((4))-E Residential RP 64B-((4))-F Residential RP 64B-((4))-G Residential RP 64B-((4))-H Residential RP 64B-((A))-89 Residential RP 64B-((A))-92 Residential RP 0 C� 64B-((A))-4-91 Residential RP 64C-((A))-1 Residential RP 64C-((A))-2 Residential RP 64C-((A))-3 Residential RP 64C-((A))-4 Residential RP 64C-((A))-7 Residential RP 64C-((A))-8 Residential RP 64C-((A))-9 Residential RP 64C-((A))-11 Residential RP 64C-((A))-13 Residential RP 64C-((A))-15 Residential RP 292-02-2 Commercial CM-1 312-03-32 Residential MR 312-03-33 Residential MR 312-03-34 Residential MR 312-03-46 Residential MR 312-03-47 Residential MR 332-07-22 Residential MR 332-07-23 Utility MR 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Information to be Submitted for Capital facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers 64-((A))-10 & 64-((A))-12 0 C� Districts Magisterial: Shawnee High School: Millbrook High School Fire Service: Millwood Station Middle School: James Wood Middle School Rescue Service: Millwood Station Elementary School: Armel Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 96.28 RA B2 54.0 RA RP 150.28 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 294 Non -Residential Lots: 0 Mobile Home: 0 Square Footage of Proposed Uses Multi -Family: 0 Hotel Rooms: 0 Office: 264,000 Service Station: 0 Retail: 440,450 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other: 0 • is 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner(s): Russell ao, C B: Zi7�5 enver E. innel , M nager ate Russell 154 IL B : 2 `7 'os Denver E. Q innell I , i nager nate u Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained fi•om the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Church of the Brethren 578 Front Royal Pike Winchester, VA 22602 Property # 64-((A))-10A Name Arthur A. & Juanita S. Belt 201 Front Drive Winchester, VA 22602 Property # 64-((A))-1 1 Name Michael S. & Cheryl Shepard 179 George Drive Winchester, VA 22602 Property # 64-((A))-14 Name Maxine Godlove 635 Front Royal Pike Winchester, VA 22602 Property # 64B-((4))-8 Naive Harry M. & Rose O. Stine 124 Longcroft Road Winchester, VA 22602 Property # 64B-((4))-9A Name Thomas Mudd 179 Front Drive Winchester, VA 22602 Property # 64B-((4))-25J Name Charles A. Courtney 161 Front Drive Winchester, VA 22602 Property # 64B-((4))-26, 27, 28, 29 Name Rosalie Glass Lewis 604 Tudor Drive Winchester, VA 22602 Property # 64B-((4))-30, 31 Name James A. & Carrie V. Ratcliff 155 Royal Avenue Winchester, VA 22602 Property 4 64B-((4))-32, 33 Name and Property Identification Number Address Name Charles G. & Amy J. Klein 149 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-34, 35 Name John B. Jr. & Marsha J. Kelly 137 Royal Avenue Winchester, VA 22602 Property #64B-((4))-36, 37 Name Michael N. & Connie R. Faurer 131 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-38, 39 Name Kirby L. Hepner, Jr. 182 Front Drive Winchester, VA 22602 Property #64B-((4))-E Name Robert L. Sr. & Patricia A. Shank 185 Front Drive Winchester, VA 22602 Property # 64B-((4))-F, H Name Tara M. Crosen 189 Front Drive Winchester, VA 22602 Property # 64B-((4))-G Name Charles C. Sr. & Eleanor L. McFarland 116 Royal Avenue Winchester, VA 22602 Property# 64B-((4))-l0A Name Jimmie J. & Geneva B. Walker 667 Front Royal Pike Winchester, VA 22602 Property #64B-((A))-92 Name Philip T. & Judy Lynn Young 655 Front Royal Pike Winchester, VA 22602 Property #64B-((A))-4-91 Name Scottie D. Dotson 651 Front Royal Pike Winchester, VA 22601 Property #64B-((A))-89 Name Milton E. & Martha M. Grim 673 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-1 Name Joseph & Lynnette L. Embree 687 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-2, 3 Name E. Darlene S. & Charles M. Banard P.O.Box 4585 Winchester, VA 22604 Property #64C-((A))-4 0 Name Elwood H. Whitacre, Sr. 721 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-7 Name W. Lee & Anne B. Collins 749 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-8 Name Winchester Outdoor 355 S. Potomac Street Hagerstown, MD 21740 Property #64C-((A))-9 Name William R. & Krista K. Lucas 831 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-I I Name Montie W. Gibson, III 867 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-13 Name Leonard James & Ingrid L. Greathouse 1207 Rowe Street New Tazewell, TN 37825 Property #64C-((A))-15 NAME GLAIZE DEVELOPMENT, INC. PO BOX 888 WINCHESTER, VA 22604 PROPERTY #292-02-2 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-32 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-33 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-34 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-46 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-47 Name Deborah P. Lake 448 Superior Avenue Winchester, VA 22601 Property #332-07-22 Name City of Winchester Suite 303 15 N Cameron Street Winchester, VA 22601 Property #332-07-23 AMENDMENT Action: PLANNING COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPERVISORS: September 28, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-05 FOR RUSSELL 150 WHEREAS, Rezoning 401-05 for Russell 150, was submitted by Greenway Engineering to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINs) 64-A-10 and 64-A-12. The property also fronts on the east side of Interstate 81. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the frec,eri, lk �-ouniy Code, Zoning, is a.riended Lo revise iiie Zoning District ivlap to change 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. 41 1-05 This ordinance shall be in effect on the date of adoption. Passed this 28th day of September, 2005 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler CTPpP F FichPi Aye Barbara E. Van Osten Aye Nay Gary Dove Aye Aye Bill M. Ewing Aye Aye A COPY ATTEST Jolui R. /1' y, Jr. PDRes. #11-05 Greenway Engineering October 22, 2004 Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 RUSSELL 150, LC - PROFFER STATEMENT Russell 150 Rezoning REZONING: RZ# 01-05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after the "Applicant") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE Preliminary Matters October 22, 2004 September 16, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -05 for the rezoning of 150.28+-acres from the Rural Areas (RA) District to 96.28±-acres of Business General (132) District and 54.0+-acres Residential Performance (RP) District, development of the subject property ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Applicant and any legal successors, heirs, or assigns. The Property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))-12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File 43701/EAW /I,- i Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004; Revised febaiary 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 I. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering dated September 16, 2005 ("GDP") approved as part of the rezoning application. The GDP is intended to delineate the major thoroughfares that will traverse the Property and provide access to the commercial and residential land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road Extended is intended to be developed unless the Virginia Department of Transportation ("VDOT") determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT. approval of another intersection design at Warrior Drive and Airport Road Extended will not necessitate approval of a new GDP by the Board of Supervisors. The GDP identifies the 96.28±-acre Business General (132) District land bay and the 54.0±-acre Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Participate) The Applicant hereby proffers to participate fully in the Community Development Authority ("CDA") special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate-81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street and associated bicycle lanes within the Property, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. If for any reason the described improvements within this section are unable to be completed tlu-ough the CDA funding source, the Applicant agrees to field and complete said improvements concurrent with the first phase of improvements by the Applicant. B. • Warrior Drive The Applicant hereby proffers to construct the ultimate section of Warrior Drive within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120-foot wide right-of-way extending from the intersection with East Tevis Street to the southern boundary of the Property, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road Extended shall be in the form of File #3701/EAW 2 I Greenway Engineering r October 22, 2004 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 a roundabout, unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. C. Airport Road Extended The Applicant hereby proffers to construct the ultimate section of Airport Road Extended within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the Property to the intersection with Warrior Drive, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The Applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. D. Interstate 81/East Tevis Street Flyover Bridge The Applicant hereby proffers to construct a four -lane flyover bridge crossing of Interstate 81 to allow for the East Tevis Street connection between Frederick County and the City of Winchester. The construction of the four -lane flyover bridge and associated sidewalks will be in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. If for any reason the described improvements within this section are unable to be completed through the CDA fielding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. E. East Tevis Street Within Property The Applicant hereby proffers to construct the ultimate section of East Tevis Street within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120-foot wide right-of-way extending from the western boundary of the Property to the northern boundary of the Property in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. If for any File N3701/EAW 3 r 1 40 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 29, 2005 reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. F. Contribution to Frederick County General Transportation Fund The Applicant hereby proffers to provide a monetary contribution unconditionally to the Frederick County General Transportation Fund in the amount of $1,000,000.00. This monetary contribution shall be paid to Frederick County at the time of building permit issuance for the residential portion of the Property. The Applicant shall provide a per unit monetary contribution of $3,500.00 to fund the $1,000,000.00 commitment, or such additional amounts based upon the total number of approved residential units which will equal $1,000,000.00. G. Tax Map Parcel 64-((A))-18 Inter -Parcel Connection The Applicant hereby proffers to provide for an inter -parcel public street connection between the residential portion of the Property and Tax Map Parcel 64-((A))-18. If an inter -parcel connection cannot be constructed to connect with another public street on Tax Map Parcel 64-((A))-18 at the time of development of the final residential phase within the Property, the Applicant will dedicate a 50-foot right-of-way between the public street serving the residential portion of the Property and Tax Map Parcel 64-((A))- 18, and will construct the public street serving the residential portion of the Property to connect to Front Royal Pike (Route 522). H. Bicycle Lanes The Applicant hereby proffers to construct bicycle lanes along Warrior Drive, Airport Road Extended, and East Tevis Street within the Property as depicted on the GDP. These bicycle lanes will be designed as 10-foot wide asphalt lanes separate from the vehicular travel lanes and included as part of the VDOT approved Public Improvement Plan for each of the roads described above. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to find and complete said improvements concurrent with the first phase of improvements by the Applicant. File 93701/EAW 4 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 III. Residential A. Residential Use Restriction The Applicant hereby proffers to prohibit the following housing types within the Property: 1. Single-family detached rural traditional 2. Single-family detached traditional 3. Garden apartments B. Phasing The Applicant hereby proffers that residential development shall be phased to limit the number of residential dwelling unit building permits to forty (40) per calendar year beginning in the calendar year in which the Master Development Plan is approved. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. D. Monetary Contribution to Establish Homeowners' Association Fund The Applicant hereby proffers to establish a start-up fund for the residential development within the Property that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot, of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Homeowners' Association ("HOA") fund. Language will be incorporated into the Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the HOA. The start-up funds for the HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. File #3701/LAW 5 0 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 01-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The Applicant hereby proffers to contribute $3,000.00 per residential unit to be directed to Frederick County Public Schools. This monetary contribution shall be paid at the time of building permit issuance of each residential dwelling unit on the Property. B. Fire and Rescue Services The Applicant hereby proffers to contribute $10,000.00 for fire and rescue services to be directed to the local fire and rescue company providing first response service to the Property. This monetary contribution shall be paid at the time of issuance of the first building permit on the Property. V. Stormwater Quality Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and/or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and/or BMP facilities as a condition of site plan approval. The Applicant hereby proffers to establish a no disturbance easement within the Buffalo Lick Run stream valley that is depicted on the GDP. The purpose of this no disturbance easement is to prohibit development activities within the commercial and residential land bays that are located within the defined area. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing for the continuation of Warrior Drive. File N3701/EAW 6 Greenway Engineering 40 October 22, 2004 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 V1. Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Sub}�ii'ted: By: �j R C � VMAYA Denver E. Qui nel y, Manager Date Russell 150, L Commonwealth of Virginia, City ount of '-rede�-(c� To Wit: The foregoing instrument was acknowledged before me this (n day of 2006 by Denver E. n, ,v,c> _ er- (2us f 1 I5v LC Notary Public My Commission Expires � e 1v►-u,-vz 2-9 Z008 File #3701/E'-AW 7 �` %� � 1 ' �I �► —� r — . ��. Dili you � — ME �1 iINV ARM, = _=� IL .��' • ,. T.M. 64—A-9A FRED L GLA/ZE, JP.. � T.M. 64B—A-73 RESIDUAL TRUST d• 1/4_ /PF CAL''✓ARY CHURCH CAMPFIELD, LLC OF THE BRETHREN o N /NSTR. /040022471 ^�j� !�� DB. 328 PG. 681 a ; FENCE POST v 06� T.M. 64—A-11 IRF T.M. 64—A-10A 1 2" lPF / ARTHUR A. BELT k CALVARY CHURCH OF o 2 JCGW/TA S. BELT TH£ BRETHREN DB. 720 PG. 255 `� DB. 465 PG. 464 k IRF �� T.M. 648-4—E h KIRBY L HEPNER, JR. & "I(PINCHED) LOU/SE R. HEPNER lPF\ DB. 319 PG. 15 �6q� fUNlOIOUSER i �V P06 h 4 ,;� FENCE POST PT AT 3.68' T.M. 63—A-123A EFG INVESTMENTS, LLC DB 968 PG 354 h /WH MON poi / T Y. 63—A-150 kVHB2 ZONE MON PT 96.28 +/- ACRES A ti t � hh PT 500 0 500 GRAPHIC SCALE (IN FEET) RP ZONE 54.0 +/— ACRES �BJ AMMON I' 1RF V4j ROYAL A►, (RaM 717)18F f' IPf L17 JN� PT IRF W1W V N C� �i ~ 5/8- IRF J 0 tc L2 , IRF W/CAP IRF W1W PT PT, T.M. 64-A-18 MANFRED G. KOKORSKY T.M. 64-A-14 D8 468 PG 350 M/CMEL S. & CHDM SHEPARD INSTR. 10J0000500 EXHIBIT SHOWING ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE ON THE LAND OF RUSSELL 150, L C SHAWNEE MAGISTERIAL DISTRICT, FREOERICK COUNTY, V✓IRGINIA SCALE: 1 "=300' DATE: SEPTEMBER 16, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane 1-*47Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 3701 SHEET 1 OF 2 LINE DATA L1 I S 01'4621 W 154.61' L2 S 89'40 20" W 26.96' LJ S 29'13'19' W _ 64.04' L4 S 01'47'41' W _ 112.92' LS S 55'53'57' W 51.18' L 6 S 14'08 24 " W 59.50' L7 N 69'51'16" W 375.10' L8 N 71 '05 58' W 333 41 ' L9 N 5654'19' E _ 145. 10, 110 N 03'14'46" W 197.69' L 11 S 51'51 35" E 600.62 L 12 S 47'49 22' E 272.65' L 13 S 3128 J5' W 497.94' L 14 N 58.1541 ' W 107 60' L 15 S 31 `076 ' W 199.82' L 16 S 02'01 ' 18" W 332.70' 07 S 81-63'44 E 470.95 CURVE DATA CURVE RADIUS I ARC I CHORD I BEARING I DELTA C 1 5674.58' 1, .64' 174. 63' S 02'39 21 ' W O 1'4548' C2 6161.16' 277.02' 276.99' S 05'59 J9" W I 02'34 :34" C3 3169.87 1 417.88' 417.58' S 0379 56' W I 07'33'11' ,NOTES I. THE BOUNDARY INFORMAT]ON SHOWN HEREON IS EASED ON A CURRENT F7ELD SURVEY BY THIS F7RM, COMPLETED ON ,V4Y 18, 2005. 2. NO RILE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH APE NOT SHOWN. LEGEND: IRF = 1/2' IRON RE34R FOUND IPF = IRON PIPE FOUND VDH MON = CONCRETE VDH MONUMENT FOUND PT = POINT (UNMONUMENTED) EXHIBIT SHOWING ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE ON THE LAND OF RUSSELL 1,50, L C SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: SEPTEMBER 16, 2005 — GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 — Founded is 1971 www.greenwayeng.com 3701 SHEET 2 OF 2 m OtrTPUT MODULE I I APPLICANT: Russell t50 LAND USE TYPE 82IRP net Fiscallrapad .,.� Coats of lntoad Crete[ C be Talc for Flluye T0>ss Paid (NPV) FWure CIPf Total PoteMlal Tax Credits Adpialment For I Rev&-w& Net Capttd HelCOat Per I Ln Nm REAL EST YAL 575,677,879 Requited (ealered in Cur. Budgal Cur. Budget Cap. Cep Emufo ErcendlDsW S. T� tUnalSustedl Cori Batance Fectllfes Impact Dwelling ULK I I m FLRE 8, RESCUE 6 Capllal Faci9nas cci sum only) 4per a I S0 Sg $485,629 51,652 I be Fite and Rescue Deparant $486.829 Elealentary5chocla 51,001,999 $635,506 $159.113 3772.303 $931,Sas 593i,508 51,409,491 54.794 I N j M eSaccls I Hhah saootb S703,402 $80.873 S60.873 $80.873 $Z77.978 5946 I a j Pais sect Recreation vwa51 $17,448 S17.448 117,44e $44,938 $153 I � Pic �y 8f1Psp{{ces $52,386 M923 S71,653 $0 $7,541 $0 $79,194 SO $79,194 SO $0 $47,384 $161 I a Adrrurtletation Bulldog $47,064 $60,451 $153.894 S169,909 $323.803 $0 i S323'� s I m 09eer Wkedlaneaw Facilities SUBTOTAL SUBTO $3,382,82D $384.680 $942.302 $105,862 $1.432.824 S1.432.821 51,9fi9,797 $6,886 I $Z3.064,847 0 7 784 1 die W I LESS NET FISCAL IMPACT $23.064,847Un M.064.547 g I NET CAP. FACILITIES IMPACT I I I I I"DEX:'l.(' 11 Cap. Egdpintuded 1-D 0.0 INDEX: "1.0' N Rav-Cos( Bat '0.0" B R bIo to Co Avg: Rev -Coal gal- 1.Coe I PLANNING DEPT PREFERENCEP 1.0 1.0 — ----- Mo to Co Avg 1.342 --�— -- J---- — — —� — METHODOLOGY: 1. Copiltal fec9Nies requirements are input to 8re srsl column as calWated In the model. j 2. Net Fiscal Impact NPV ram opetelons cdculetions is kVLA in raw 611e1 of second cokrm I (zero If negative), Uxkded are toonedkne iaxesltees for ana Yeas only at full value. I 3. NPV of Mrhxe open cap equip fwms paid In third ccdumn as calculated to fracal impacts. 4. NPV o1 future capkal agw)d lure taxes paid in fourth col as calculated In fiscal Impacts I -rl 1 5. NPV of Artre, was paid to bring cunenl county, up 10 standard for new facriffes, as fXfr7 6. calculated for rarh nee br314r. Celurnns three provgh Ave ere added as potential credis against tte MWeled capitol I t7 faU4ks regliem�Ns. These are adjusted for percent of costs coveted by Die revenues horn the project (actual, or as rato to avg. ior aN residential development). ) .9 I because they e cash payments up kors. Credal do Include Ydefest g the PreJets am delH fYrar cod ---- — -- -- — NOTE: Proffer cdcufallons do no( Include hcluda Ingestar NOTES: Model Run Date IDrIM41 MTR I i j I I Ptgect Desedptiot< Assumes a ma)amute number of 294 Townhouses and 284,000 square leaf or Omce and 444L450 agtrarelee4 x>7 Retail. I tf (� Tole) Acreage { 150.23 acres (9828 was B2 r 54 acres RP resulting Ina rea'.danUel dl rt lty of ri4 units per acre)- I 1 I ) I i Due b c)tet9ln0 condfom associated m1h development In to Counly, the results o(thla � I I I Oulpul Nodule may mat be valid beyond a per4od d 90 days fran 9 e model w date. I I I 1 I � I I N I m N is Li Greenway Engineering 0 October 22, 2004 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 RUSSELL 150, LC - PROFFER STATEMENT REZONING: RZ# 01-05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after the "Applicant") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters October 22, 2004 September 16, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01-05 for the rezoning of 150.28±-acres from the Rural Areas (RA) District to 96.28±-acres of Business General (132) District and 54.0±-acres Residential Performance (RP) District, development of the subject property ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. hi the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Applicant and any legal successors, heirs, or assigns. The Property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))-12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Assoc-tes dated February 13, 1998. File #3701/EAW Greenway Engineering 0 October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 I. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering dated September 16, 2005 ("GDP") approved as part of the rezoning application. The GDP is intended to delineate the major thoroughfares that will traverse the Property and provide access to the commercial and residential land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road Extended is intended to be developed unless the Virginia Department of Transportation ("VDOT") determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another intersection design at Warrior Drive and Airport Road Extended will not necessitate approval of a new GDP by the Board of Supervisors. The GDP identifies the 96.28±-acre Business General (132) District land bay and the 54.0±-acre Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Participate) The Applicant hereby proffers to participate fully in the Community Development Authority ("CDA") special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 8 1 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street and associated bicycle lanes within the Property, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. B. Warrior Drive The Applicant hereby proffers to construct the ultimate section of Warrior Drive within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120-foot wide right-of-way extending from the intersection with East Tevis Street to the southern boundary of the Property, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road Extended shall be in the form of File #3701 /EAW 2 Greenway Engineering 0 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 a roundabout, unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to find and complete said improvements concurrent with the first phase of improvements by the Applicant. C. Airport Road Extended The Applicant hereby proffers to construct the ultimate section of Airport Road Extended within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the Property to the intersection with Warrior Drive, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The Applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. D. Interstate 81/East Tevis Street Flyover Bridge The Applicant hereby proffers to construct a four -lane flyover bridge crossing of Interstate 81 to allow for the East Tevis Street connection between Frederick County and the City of Winchester. The construction of the four -lane flyover bridge and associated sidewalks will be in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to find and complete said improvements concurrent with the first phase of improvements by the Applicant. E. East Tevis Street Within Property The Applicant hereby proffers to construct the ultimate section of East Tevis Street within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120-foot wide right-of-way extending from the western boundary of the Property to the northern boundary of the Property in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. If for any File #3701 /EA W 3 Greenway Engineering 9 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised Febmary 17, 2005 Revised March 16, 2005; Revised September 16, 2005 reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. F. Contribution to Frederick County General Transportation Fund The Applicant hereby proffers to provide a monetary contribution unconditionally to the Frederick County General Transportation Fund in the amount of $1,000,000.00. This monetary contribution shall be paid to Frederick County at the time of building permit issuance for the residential portion of the Property. The Applicant shall provide a per unit monetary contribution of $3,500.00 to fund the $1,000,000.00 commitment, or such additional amounts based upon the total number of approved residential units which will equal $1,000,000.00. G. Tax Map Parcel 64-((A))-18 Inter -Parcel Connection The Applicant hereby proffers to provide for an inter -parcel public street connection between the residential portion of the Property and Tax Map Parcel 64-((A))-18. If an inter -parcel connection cannot be constructed to connect with another public street on Tax Map Parcel 64-((A))-18 at the time of development of the final residential phase within the Property, the Applicant will dedicate a 50-foot right-of-way between the public street serving the residential portion of the Property and Tax Map Parcel 64-((A))- 18, and will construct the public street serving the residential portion of the Property to connect to Front Royal Pike (Route 522). H. Bicycle Lanes The Applicant hereby proffers to construct bicycle lanes along Warrior Drive, Airport Road Extended, and East Tevis Street within the Property as depicted on the GDP. These bicycle lanes will be designed as 10-foot wide asphalt lanes separate from the vehicular travel lanes and included as part of the VDOT approved Public Improvement Plan for each of the roads described above. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. File #3701 /EAW 4 Greenway Engineering 0 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised Febmary 17, 2005 Revised March 16, 2005; Revised September 16, 2005 III. Residential A. Residential Use Restriction The Applicant hereby proffers to prohibit the following housing types within the Property: 1. Single-family detached rural traditional 2. Single-family detached traditional 3. Garden apartments B. Phasing The Applicant hereby proffers that residential development shall be phased to limit the number of residential dwelling unit building permits to fifty (50) per calendar year beginning in the calendar year in which the Master Development Plan is approved. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. D. Monetary Contribution to Establish Homeowners' Association Fund The Applicant hereby proffers to establish a start-up fund for the residential development within the Property that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot, of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Homeowners' Association ("HOA") fund. Language will be incorporated into the Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the HOA. The start-up funds for the HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. File #3701/EAW 5 Greenway Engineering 0 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 01-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal hnpact Model Output Module. A. Public School Svstem The Applicant hereby proffers to contribute $3,000.00 per residential unit to be directed to Frederick County Public Schools. This monetary contribution shall be paid at the tine of building permit issuance of each residential dwelling unit on the Property. B. Fire and Rescue Services The Applicant hereby proffers to contribute $10,000.00 for fire and rescue services to be directed to the local fire and rescue company providing first response service to the Property. This monetary contribution shall be paid at the time of issuance of the first building permit on the Property. V. Stormwater Quality Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and/or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and/or BMP facilities as a condition of site plan approval. The Applicant hereby proffers to establish a no disturbance easement within the Buffalo Lick Run stream valley that is depicted on the GDP. The purpose of this no disturbance easement is to prohibit development activities within the commercial and residential land bays that are located within the defined area. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing for the continuation of Warrior Drive. File #3701 /EAW 6 Greenway Engineering • October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised Febmary 17, 2005 Revised March 16, 2005; Revised September 16, 2005 VI. Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Date Commonwealth of Virginia, City/County of 1- r Q ds r 1 C V, To Wit: The foregoing instrument was acknowledged before me this day of &( -or 20Q5 by U-o nvlu t.l, U ucl n r- O � My Commission Expires 9 - o - C)LQ File #3701/EAW 7 Greenway Engineering 0 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 RUSSELL 150, LC o PROFFER STATEMENT REZONING: RZ# 01-05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: . Russell 150, LC (here -in after the "Applicant") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters October 22, 2004 September 16, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01-05 for the rezoning of 150.28±-acres from the Rural Areas (RA) District to 96.28±-acres of Business General (132) District and 54.0±-acres Residential Performance (RP) District, development of the subject property ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Applicant and any legal successors, heirs, or assigns. The Property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))-12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File #3701/EAW Greenway Engineering r October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 I. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering dated September 16, 2005 ("GDP") approved as part of the rezoning application. The GDP is intended to delineate the major thoroughfares that will traverse the Property and provide access to the commercial and residential land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road Extended is intended to be developed unless the Virginia Department of Transportation ("VDOT") determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another intersection design at Warrior Drive and Airport Road Extended will not necessitate approval of a new GDP by the Board of Supervisors. The GDP identifies the 96.28±-acre Business General (132) District land bay and the 54.0±-acre Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Participate) The. Applicant hereby proffers to participate fully in the Community Development Authority ("CDA") special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 8 1 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street and associated bicycle lanes within the Property, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. B. Warrior Drive The Applicant hereby proffers to construct the ultimate section of Warrior Drive within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120-foot wide right-of-way extending from the intersection with East Tevis Street to the southern boundary of the Property, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road Extended shall be in the form of File #3701/EAW 2 Greenway Engineering 0 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 a roundabout, unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. C. Airport Road Extended The Applicant hereby proffers to construct the ultimate section of Airport Road Extended within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the Property to the intersection with Warrior Drive, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The Applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. D. Interstate 81/East Tevis Street Flyover Bridge The Applicant hereby proffers to construct a four -lane flyover bridge crossing of Interstate 81 to allow for the East Tevis Street connection between Frederick County and the City of Winchester. The construction of the four -lane flyover bridge and associated sidewalks will be in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. E. East Tevis Street Within Property The Applicant hereby proffers to construct the ultimate section of East Tevis Street within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120-foot wide right-of-way extending from the western boundary of the Property to the northern boundary of the Property in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. If for any File #3701/EAW 3 Greenway Engineering 9 October 22, 2004 is Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. F. Contribution to Frederick County General Transportation Fund The Applicant hereby proffers to provide a monetary contribution unconditionally to the Frederick County General Transportation Fund in the amount of $1,000,000.00. This monetary contribution shall be paid to Frederick County at the time of building permit issuance for the residential portion of the Property. The Applicant shall provide a per unit monetary contribution of $3,500.00 to fund the $1,000,000.00 commitment, or such additional amounts based upon the total number of approved residential units which will equal $1,000,000.00. G. Tax Map Parcel 64-((A))-18 Inter -Parcel Connection The Applicant hereby proffers to provide for an inter -parcel public street connection between the residential portion of the Property and Tax Map Parcel 64-((A))-18. If an inter -parcel connection cannot be constructed to comlect with another public street on Tax Map Parcel 64-((A))-18 at the time of development of the final residential phase within the Property, the Applicant will dedicate a 50-foot right-of-way between the public street serving the residential portion of the Property and Tax Map Parcel 64-((A))- 18, and will construct the public street serving the residential portion of the Property to connect to Front Royal Pike (Route 522). H. Bicycle Lanes The Applicant hereby proffers to construct bicycle lanes along Warrior Drive, Airport Road Extended, and East Tevis Street within the Property as depicted on the GDP. These bicycle lanes will be designed as 10-foot wide asphalt lanes separate from the vehicular travel lanes and included as part of the VDOT approved Public Improvement Plan for each of the roads described above. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. File #3701 /EAW 4 Greenway Engineering 0 October 22, 2004 10 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 III. Residential A. Residential Use Restriction The Applicant hereby proffers to prohibit the following housing types within the Property: 1. Single-family detached rural traditional 2. Single-family detached traditional 3. Garden apartments B. Phasing (4c)-�V " �����t�'/�✓� The Applicant hereby proffers that residential development s phased to limit the number of residential dwelling unit building permits t per calendar year beginning in the calendar year in which the Master Development an is approved. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. D. Monetary Contribution to Establish Homeowners' Association Fund The Applicant hereby proffers to establish a start-up fund for the residential development within the Property that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot, of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Homeowners' Association ("HOA") fund. Language will be incorporated into the Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the HOA. The start-up funds for the HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. File #3701 /EAW 5 Greenway Engineering 0 October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 IV, Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 01-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The Applicant hereby proffers to contribute $3,000.00 per residential unit to be directed to Frederick County Public Schools. This monetary contribution shall be paid at the time of building permit issuance of each residential dwelling unit on the Property. B. Fire and Rescue Services The Applicant hereby proffers to contribute $10,000.00 for fire and rescue services to be directed to the local fire and rescue company providing first response service to the Property. This monetary contribution shall be paid at the time of issuance of the first building permit on the Property. V. Stormwater Quality Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and/or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and/or BMP facilities as a condition of site plan approval. The Applicant hereby proffers to establish a no disturbance easement within the Buffalo Lick Run stream valley that is depicted on the GDP. The purpose of this no disturbance easement is to prohibit development activities within the commercial and residential land bays that are located within the defined area. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing for the continuation of Warrior Drive. File #3701/EAW 6 Greenway Engineering • October 22, 2004 0 Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 VI. Signature Russell 150 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully S Date Commonwealth of Virginia, City/County of % '1-o (I )- V- I C iQ To Wit: 1 The foregoing instrument was acknowledged before me this J`- I day of -,S VAe un h.(? r 20 U5 by My Commission Expires �� o -C)( 0 File #3701 /EAW 7 Grcenway Engineering 0 October 22, 2004 . Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters October 22, 2004 February 17, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 150.28-acres from the Rural Areas (RA) District to 96.28-acres of Business General (132) District and 54.0-acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File 93701/EAW/ajc Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The Generalized Development Plan identifies the 96.28-acres Business General (B2) District land bay and the 54.0-acres Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout. Accommodations for a bicycle route shall be included in the construction of this roadway. File 03701/EAW/ajc 2 Greenway Engineering October 22, 2004 RUSSCII 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 C. Airport Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout. D. East Tevis Street Flyover The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate-81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate-81/East Tevis Street flyover, it is noted the special taxing district will also contribute to the finding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). File #3701/EAW/ajc 3 Greenway Engineering October 22, 2004 . Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 G. Inter -parcel Connection The applicant hereby proffers to provide an inter -parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64-((A))-18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter -parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress/egress point will be created at Front Royal Pike (Route 522). If such temporary ingress/egress must be established, it is to be closed once the inter -parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan, as well as connect this system with the City of Winchester. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right-of-way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes/trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54-acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: Single-family detached rural traditional subdivision option 2. Single-family detached traditional subdivision option 3. Garden apartment multi -family housing option File #370 1 /EAW/ajc 4 Greenway Engineering 0 October 22, 2004 � Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 B. Phasing The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy-five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. File 113701/EAW/ajc 5 Greenway Engineering 0 V. Signature October 22, 2004 Revised October 27, 2004 Revised February 17, 2005 Russell 150 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By 4124t)5 Denver E. uinnell ,M nager D Russell 150, LC Commonwealth of Virginia, City/County of -Q(deY (C. L To Wit: The foregoing instrument was acknowledged before me this _ day of FCb(U0 t2 20)�by l Cnye.(- u►n►��1(�( .; ucoe� e_Oc-t /-�: Notary Public My Commission Expires File #3701/EAW/ajc • Greenway Engineering October 22, 2004 RnsSe11 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# 01-05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE Preliminary Matters October 22, 2004 February 17, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -05 for the rezoning of 150.28-acres from the Rural Areas (RA) District to 96.28-acres of Business General (132) District and 54.0-acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File 0701/EAW Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road extended is intended to be developed unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another ultimate intersection design at Warrior Drive and Airport Road extended will not necessitate approval of a new Generalized Development Plan by the Board of Supervisors. The Generalized Development Plan identifies the 96.28-acres Business General (132) District land bay and the 54.0-acres Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the plarmed thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation (VDOT) planning documents. To wit, the applicants shall dedicate right- of-way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout, unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. Accommodations for a bicycle route shall be included in the construction of this roadway. File #3701/EAW 2 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 C. Aii-Dort Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation plarming documents. To wit, the applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an aligmnent depicted in the Generalized Development Plan. The applicant shall install fill intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. D. East Tevis Street Flyover The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate-81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to frilly participate in this special taxing district. Although the special taxing district is seen as the principle means to fined construction of the Interstate- 8 1 /East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation plamling documents). To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan, F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). File 93701/EAw 3 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 G. Inter -parcel Connection The applicant hereby proffers to provide an inter -parcel public street cormection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64-((A))-18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter -parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress/egress point will be created at Front Royal Pike (Route 522). If such temporary ingress/egress must be established, it is to be closed once the inter -parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right-of-way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes/trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54-acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: 1. Single-family detached rural traditional subdivision option 2. Single-family detached traditional subdivision option 3. Garden apartment multi -family housing option File 1/370 UEAw 4 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 B. Phasing The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy-five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 01-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Plamling Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. File #3701/EAW 5 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 V. Stormwater Quality Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and/or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and/or BMP facilities as a condition of site plan approval. VI. Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: In Denver E. Quirmelly, Manager Date Russell 150, LC Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File 83701/EAW 6 T.M. 64-A-9A FRED L. GLA/ZE, JR. RESIDUAL TRUST & 1/4' IPF CAMPFIELD, LLC INSTR. /040022471 �,��j• l�� �1 T. M. 648-A-73 CALVARY CHURCH OF THE BRETHREN DB. 328 PG. 681 FENCE POST 0" T.M. 64 -A-11 kK ARTHUR A. BELT & 1/2' IPF JUANITA S. BELT DB. 720 PG. 255 �Cb IRF 3/4IPF �1 ti 6�/1 VDH MON IRF T.M. 64-A- l0A CALVARY CHURCH OF THE BRETHREN DB. 485 PG. 464 T.M. 64B-4-E IPF (PINCHED) K/RBY L. HEPNER, JR. & LOUISE R. HEPNER '% DB. 319 PG. 15 4' s „�, FUNKHOUSER 90? /,r• >>�J ADD/T10N �, .9' 1 ' IRF o CIO 5 ROYAL AVE (ROUTE 777) IRF 1' IPF L17 '' B2 ZONE H MON PT 96.28 +/- ACRES FENCE POST P? / AT 3.68' y fir e' lfl• T.M. 63—A-150 s 'ti°' ysa O �•` i ti ��h PT (g PT IRF W/CAP V V 5/8' IRF in V IRF W/CAP PT PT N IRF W/CAP L4 RP ZONE " - 54.0 +/- ACRES T. M. 63-A-123A EFG INVESTMENTS, LLC %% DB 968 PG 354 500 0 500 T.M. 54—A-18 MANFRED G. KOKORSKY T.M. 64—A-14 DB 468 PG 350 MICHAEL S. & GRAPHIC SCALE CHERYL SHEPARD (IN FEET) INSTR. JOJO000500 EXHIBIT SHOWING ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE ON THE LAND OF RUSSELL 150, L C SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 "=300' 1 DATE: SEPTEMBER 16, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 3701 SHEET 1 OF 2 Greenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# 01-05 Rural Areas (RA) to Business General (B2) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters October 22, 2004 February 17, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -05 for the rezoning of 150.28-acres from the Rural Areas (RA) District to 96.28-acres of Business General (B2) District and 54.0-acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File #3701/EAW APR - 5 2005 • Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road extended is intended to be developed unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another ultimate intersection design at Warrior Drive and Airport Road extended will not necessitate approval of a new Generalized Development Plan by the Board of Supervisors. The Generalized Development Plan identifies the 96.28-acres Business General (132) District land bay and the 54.0-acres Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation (VDOT) planning documents. To wit, the applicants shall dedicate right- of-way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout, unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. Accommodations for a bicycle route shall be included in the construction of this roadway. File #3701/EAW 2 • 0 C`� • Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 C. Airport Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. D. East Tevis Street Flyover The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate-81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate-81/East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). File #3701/EAW 3 • 0 Greenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 G. Inter -parcel Connection The applicant hereby proffers to provide an inter -parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64-((A))-18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter -parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress/egress point will be created at Front Royal Pike (Route 522). If such temporary ingress/egress must be established, it is to be closed once the inter -parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right-of-way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes/trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54-acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: 1. Single-family detached rural traditional subdivision option 2. Single-family detached traditional subdivision option 3. Garden apartment multi -family housing option File #3701/EAW 4 Greenway Engineering • B. Phasing 0 October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy-five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 01-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. File #3701/EAW 5 APR - 5 2005 • Greenway Engineering October 22, 2004 Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 V. Stormwater Quality Measures Russell 150 Rezoning The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and/or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and/or BMP facilities as a condition of site plan approval. VI. Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully an Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this r?&h day of 20- by Denver F. i3-C CC) L1l,t l �•I� �C,�� Notary Public My Commission Expires Q:�o -o`) SK4 4. ft File #37011EAW 6 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters October 22, 2004 February 17, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 150.28-acres from the Rural Areas (RA) District to 96.28-acres of Business General (132) District and 54.0-acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File 113701/EAW/aje Greenway Engineering October 22, 2004 10 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The Generalized Development Plan identifies the 96.28-acres Business General (B2) District land bay and the 54.0-acres Residential Performance (RP) District land bay. Il. Transportation A. Community Development Authority (Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 8 1 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout. Accommodations for a bicycle route shall be included in the construction of this roadway. File 113701/EAW/aje 2 Greenway Engineering 40 October 22, 2004 10 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 C. Airport Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout. D. East Tevis Street Flyover The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate-81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate-81/East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). File 1/3701/EAW/aje 3 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 G. Inter -parcel Connection The applicant hereby proffers to provide an inter -parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64-((A))-18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter -parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress/egress point will be created at Front Royal Pike (Route 522). If such temporary ingress/egress must be established, it is to be closed once the inter -parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan, as well as connect this system with the City of Winchester. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right-of-way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes/trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54-acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: 1. Single-family detached rural traditional subdivision option 2. Single-family detached traditional subdivision option 3. Garden apartment multi -family housing option File 11370UEAWAije 4 Greenway Engineering B. Phasing October 22, 2004 10 Revised October 27, 2004 Revised February 17, 2005 Russell 150 Rezoning The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy-five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the fast full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. File /13701/EAW/ajc 5 Greenway Engineering 40 October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 V. Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: DIV Denver E. uinnell , I nager Dat Russell 150, LC Commonwealth of Virginia, City/County of �1,C�1�4'l L�L To Wit: -[A The foregoing instrument was acknowledged before me this'day of FE19(L) n- 200�) by �)cnye.r C. 0 u t n nei I Notary Public My Commission Expires 00bets' ,3, 5 20CC File 1/370l/EAw/ajc RUSSELL 150 RZO1-05 Initial Review Agency Comments that were not included in the Agenda Package. From: County Attorney City of Winchester Planning & Development. -----Original Message ----- From: Ingram, Lloyd[mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Friday, February 04, 2005 2:38 PM To: Mark D. Smith Cc: Eric Lawrence (E-mail); Copp, Jerry; Ingram, Lloyd Subject: Russell 150 Rezoning Comments The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. 2/4/2005 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Attn: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the west side of Front Royal Pike (Route 522) opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Department of Parks & Recreation Comments: See Attached . $ _ , . Pks. & Rec. Signature & Date: (-Gi ;M- '�'� `-I Acreage: 150.28 11/12/04 j/ Notice to Department of Park/ Recreation — Please Return This Form to the Applicant ', NOV 1 6 .,��� 0 • Russell 150 Rezoning Comments • All bicycle lanes/trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. • Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. • Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. • Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. • All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. • Plan does not address recreational units required for this project. 0 • Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possibly in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the west side of Front Royal Pike (Route 522) opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Sanitation Authority Comments: �y "/,c/�� - Sanitation Authority Signature &Date: Notice to Sanitation Authority - Please Return This Form to the Applicant Rezoning Comments Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: RUSSELL 150 REZONING (Greenway File #3701) Greenway Engineering Attn.: Evan Wyatt, AICP 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Fred -Wine Service Authority Comments: t1C Cc'�vrW11c�.Lt�'S Fred-Winc Service Authority Signature & Date: Notice to Fred -Wine Service Authority - PI ase Return This F m to the Applicant c NOV 0 8 2004 By — Rezoning Comments • Frederick Countv Fire Marshal Mail to: Frederick County Fire Marshal Fire & Rescue Dept. 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 E Hand deliver to: Frederick County Attn: Fire Marshal County Administration Bldg., 1 st Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Fire Marshal's Comments: LMarshalPsre & Datece toFire Marshal - Please Return This Form to the Applicant J[! Nov 0 3 2004 IJ By C-� 0 /tc K 0 w Z a y a� ►4 VIRGINIA Control number RZ04-0015 Project Name Russell 150 Rezoning Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 10/22/2004 11/2/2004 Applicant Greenway Enginerring City State Zip Applicant Phone Winchester VA 22602 540-662-4185 Tax ID Number Fire District Rescue District 64-A-10 & 12 21 21 Election District Recommendations Shawnee Automatic Fire Alarm System Residential Sprinkler System Yes Yes Requirements Hydrant Location Fire Lane Required Not Identified No Roadway/Aisleway Width Special Hazards Not Identified No Emergency Vehicle Access Comments _,rergencr vehicle access must be mair,ta:ned at ail time; Access Comments ;•••,.6 u, of mumcipal wa!er supplies shall be addressed during the site planning process Additional Comments ^pen air burning will be permitted on this site Plan Approval Recommended Reviewed By Signature Yes Timothy L.Welsh — PRO \I ED- FIRE MARSHAL—FI EDERICK COUNTY • Rezoning Comments i Fire and Rescue Company Name of Fire & Rescue Company: Company 21 Millwood Station Volunteer F&R Co. Winchester, Virginia Dave Whitacre, Chief Address & Phone P.O. Box 3037 Winchester, VA 22604 phone: (540) 665-0827 Fax: (540) 662-0820 1�tP�na°':i�+ `i I F;;Itl�li:�, '•'+j fi i , t :tlt!. ,, �:�t . . t, I' � F III :.yyli I+lli• �,,,.! 1 �� �� Itat If, �il� i i� ,•� . � ;,, •,. •4tI i %I'�'tIl i11� ! 'ii lit I r+.� fll! �1 � '1!� �I:.,,!i'. 1 it ; � I,C I. �,I�►�T� ; ., I,. : (► -- �., �i,l�� , I,�, �t I� ; ' l,!4 1:;F1,i +.y,, if, ; 1 tj , ppi' n.. fl:t� i �,t� q�:I ,.t , .!Ilbl' 1',�(i} trla ;I'� �It, :I q�tl•6, , t,•;n k,l : ,ti . ,,,�,, ,:. !I� Ili �. I� t � ; .; . ill, „�,,i 1 I, ! o „', it f�,; I •,, .. p si'il� ' � I�E . 3® r I w� � 1:�, I.I 1• �FU t c11Ui 1';F± �,:; -;,f I, (rll,I'I I•Y I ° 6" f• , I+ I : r !•! .! 6 Et++.�. a I :r� GII' i�lr !i •� �� �!I t I �e ��• o �o n � N . �I�III:;I�!I:I � � �t!�l I t o e �,� o�, �. v: a• blllyl o ��1 fill :�Q 11 ,, :.t,���1, t .,,.I,. �;l,l; ,,,I, ::!'.;,iYf�:rl :•t�T \1� r :1•;:••,� 6!;!;Ua t ,N ;� ''1• 4 !;,r::il.a'<! itY'1.;� �,I'l� is��ht , .'F': m �', o r �i 1 9I i e I r, , (t�' I• otF:•�:1 �I u�: �'I II.I�'' 1+ 'II �.�II�� �4. I. i �.I :, ,i I,anu':'u�l!. y;f;; ip.r;'li i'1��e 9�::;ItI,'t.a I;�+{�j,,;l ,�!• i +'1,,,•!', ;IfIII 1 � 1 'I'�IE,;I;�;!i;t I �IL,'1'�i. i'l 11 Ilh lj! RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Engineerinji Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting, on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Fire and Rescue Company's Comments: W 1-r.c+l. � �A� � �y, � . y, 1 C �-� Jir 5 ; ` l� L u � !�- c Fz. c- Lam►, t m ,a If I Fire & Rescue Cam ny's Signature & Date: /° Notice to Fire & Rescue Companv - Please Return This Form to the Applicant TOO rA NOIZVIS QOOM11IN 0790 Z99 Ob9 XVA 8U TT VOOZ/8Z/OT Winchester Airporr 6406622936 is 16?08104 08:s9pm P. 001 Rezoning Comments Winchester Regional Airport �yhTM w�tjj^5tP rat iiit{.;ai,`'i� nrFGT' ! '1 T YN!1 7"•":x,.p .r 1a,�m rrn,,. z mr...r, ; ' '•,'.7xCS: Mail to: Winchester Regional Airport Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540)662-2422 Hand deliver to: Winchester Regional Attn: Executive Director 491 Airport Road (Rt. 64.5, off of Rt. 522 South) Winchester, Virginia App. caidt..Ple s fi.l:l:oitt'the.i'nf�r,'matio'it:as.rtccuratel. 'as "�i'sstb. •y,. .� ]e.irt"tip-iiet'to��tssist�{:f:�.�:�'' :': i'ncl7 stcrRegi.ona]'Aifpb. witb:'66ir•rev'i6iv.'.—Af Yc' h-a.cop•� 6f..' • ... ap cad" y c►f. d>tx;r iii too �oxxn locati�►r� irraap; prod'e�r`staiei�ntent;.ini�iacti analysis; and•'4riy.bt)h & 0r r:,tin-�t.aormntrr�ri .Applicant's Name: Mailing ,Address: Location of Property: Current Zoning: RUSSELL 150 REZONING (C.`rreenway File #3701) Greenwav Enyineeriu Attn.: Evan Wyatt, A1CP �151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-662-4185 Fronting on the: west side of. Front Royal P.J � (Route 522), _pSpgsito ,A. irnort Road (Route 645)� RA Zoning Requested: B2 &. RP Acreage: 150.28 Winchester Regional Airport's Comments: akeci Wincbester Regional Airport's u Signature &Hate: 1`'� `t \�JjQ Notice to Winchester Re ional Airport - Please 'Return Form to APnGeant COUNTY of FREDERICK November 9, 2004 Mr. Andy Conlon Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Russell 150 Rezoning Frederick County, Virginia Dear Mr. Conlon: Department of Public Works 540/665-5643 FAY: 540/ 678-0682 We have completed our review of the proposed Russell property rezoning and offer the following comments: 1) Refer to access under site suitability: The impact statement indicates that the residential land bay will have a single connection to Front Royal Pike and a single entrance on Warrior Drive. These connections should be reflected on the generalized development plan included as sheet 1 of 3. 2) Under the discussion of solid waste disposal, the final comparison should be presented as cubic yards to cubic yards or tons to tons rather than cubic yards compared to tons which is similar to apples to oranges. Also, the collection of solid waste should be addressed for the residential portion of the project. 3) The discussion of the impact model indicates that the total development will result in a positive fiscal impact. However, this conclusion is based on the total projected build -out. Unfortunately, there is nothing in the impact analysis or proffer statement which assures Frederick County that the project will be phased in such a manner to insure a positive fiscal impact. In fact, we anticipate that the residential portion of the project will be developed in total long before the first commercial property is developed. This type of phasing would have a negative impact on the services provided by Frederick County. Therefore, we recommend that a phasing plan be included in the impact analysis to insure that the residential development will coincide with the commercial development in a manner that will be beneficial to all parties concerned. The residential use restrictions included in the Russell 150 proffers should be amended to include a phased development. 01 T g � H T � ; NOV 1 0 2004 107 North Kent Street • Winchester, Virginia 22601-5000 0 Russell 150 Rezoning Comments Page 2 November 9, 2004 I can be contacted at 665-5643 if you have any questions regarding these comments. Sincerely, 4 Harvey . Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Plannin; and Development file A ARusse11150p roprezcom.wpd AdminisratM Assistant to the Superintendent Mr. Evan Wyatt, AICP Cmeenway En&eering 151 'Windy I -Till Lane Winchester, VA 22602 Dear Mr. Wyatt: c Frederick County Public Schools Visit us at www..fredericicklZva ua December 3, 2004 RE: Russell 150 Rezoning (Greenway File #3701) --mail: kapmsis®frededck.kIZva,us This letter is in response to your request for comments concerning the rezoning application for the proposed Russell 150 Rezoning project. Based on the in;E'ortnation provided, it is anticipated that the proposed 294 tovm houses will yield 32 high school students, 35 middle school students, and 91 elementary school students for a total of 158 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully yours, )4 �� Stephen Kapocsi &__ Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools 540-662-,W9 Ext 112 1415 Amherst Street, Post Oftke Box 35M, Winchester, VA 226W2546 FAX 540.662-3890 ZO 30dd Sdod 06BEZ990PST 9E:60 b00Z/80/ZT Winchester Airport 5406622936 2/08104 03:53pm P. 002 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 December 8, 2004 Andy Conlon Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning — Russell 150 Shawnee Magisterial District Dear Mr. Conlon: The Winchester Regional Airport Authority would like to express our concerns regarding the mixed rezoning proposal. The B2 rezoning is compatible with airport operations and is in conformance with the Frederick County Comprehensive Policy Plan. Our concerns are with the AP rezoning request of this parcel. Residential development adjacent to or under a flight path used regularly by aircraft as they arrive or depart the airport is subject to aircraft noise. Due to the proximity of this proposed subdivision to the flight pattern at Winchester Regional Airport, the developer should be encouraged to advise future property owners of this potential through a disclosure statement and possibly through a covenant in their property deed or statement in their lease agreement. Property owners are likely to experience aircraft noise and fly -over from aircraft entering into or departing the flight pattern and as the airport continues to expand services and operation, noise associated with such expansion is likely to increase. Winchester Regional Airport is a vital link in the National Air Transportation System used by private citizens, commercial air carriers, business and industry throughout the region to transport people and goods around the world. Even thought potential buyers may be aware of the airport's existence they should be forewarned about aircraft noise and flyover nuisance by our presence possibly through covenants in their property deeds. The Winchester Regional Airport has a direct and significant economic impact on our community and is continually working towards expanding it operations. To be successful in our ventures, we need citizen support, which is the reason for our concern regarding potential complaints about aircraft noise. Thank you for giving this your consideration and should you have questions, please contact me. Sincerely, -L S. R. Manuel Executive Director f 10 -----Original Message ----- From, Ingram, Lloyd[mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Friday, February 04, 2005 2:38 PM To: Mark D. Smith Cc: Eric Lawrence (E-mail); Copp, Jerry; Ingram, Lloyd Subject: Russell 150 Rezoning Comments The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. 2/4/2005 Rezoning Comments 10 0 Frederick County Fire Marshal t:� OURINUta? MIRM0 _., c Au-� "r ' , Ur fir F . :.<`t. 1 ,.k,.... �... 8 Mail to: Frederick County Fire Marshal Fire & Rescue Dept. 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Applicant's Name Mailing Address Hand deliver to: Frederick County Attn: Fire Marshal County Administration Bldg., 1 st Floor 107 North Kent Street Winchester, Virginia RUSSELL 150 REZONING (Greenway File #3701) Greenway Enizineering Attn.: Evan Wyatt, AICP 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Fire Marshal's Comments: [Fire.Marshal's Signature & Date:Notice to Fire Marshal - Please Return This Form to the Applican T ON NOV 0 3 2004 IIJII v vim_ Control number RZ04-0015 Project Name Russell 150 Rezoning Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified 0 4 Frederick Cor. nbj Fire and Fie: Department Office of the Fire Marsha Plan Review and Commer Date received 10/22/2004 City Winchester Tax ID Number 64-A-10 & 12 Date reviewed 11/2/2004 Applicant Greenway Enginerring State Zir VA 221 Fire District 21 Recommendations Automatic Fire Alarm System Res Yes Requirements Hydrant Location Fire L Not Identified No Roadway/Aisleway Width Spec Not Identified No Emergency Vehicle Access Comments Emergency vehicle access must be maintained at all times. Access Comments Extension of municipal water supplies shall be addressed during the site planning process. Additional Comments No open air burning will be permitted on this site. Plan Approval Recommended Reviewed By ,Signature Yes Timothy L.Welsh Title S "OVED- RRE-WARSHAL-FREDERICK-COUNTY LJ Rezoning Comments I Fire and Rescue Company Name of Fire & Rescue Company: Company 21 Millwood Station Volunteer F&R Co. Winchester, Virginia Dave Whitacre, Chief Address & Phone P.O. Box 3037 Winchester, VA 22604 phone: (540) 665-0827 Fax: �(540) 662-0820 ' P • � 1:n:-.1. ,!, . ; hT �p .,t ,; ' it' ill,p�l., ;i,�� ., , ..,,I u �' � �! 1k1:1: i'•!:�'! li,i tli ! ,N 11 I1 i , I q (' 'i, : , ;I,: 1I ��I ,1I,i >�r rP � i I,, I'' �!•I i r, , �; � '� � 1'�'. I +Ilj f i� L, IrIII. I „ I . �. L: r r , , i, , � I�Et �t I:r � 11 i! �:4 �. Ir d1' ., � I:,L,• , 1, la ,I, M � !I• 6 G' nl �I. _ �!{ I „•, r. IiII�'I, I {i,�lll'' .YI. �{ 11 � 1 i �i I! I ,: t I 1 � I. ,'ll , � ,.I I. � ul�l,,'�;I, !���: ,.t� �It:lQ3;.•�II,PI , r; (1r !1 b1 {$$$ ,� :u I t` �' f i y ll' , � I h;l', di{J ��� air:V..l 1i'�l��l�,: .Ftlll.lr: ,(��,It.�.9.1IJ I I'i � '! �' � I II;I, ,; II; : , t,1..1.4� ! � :�,'l il ., ,, ,'� '� .1 •�,� I :,u�.�,aj�t.,'�:..�[�,::i:. I11(.I;.::,0�,: l{i,: I1l1l•Il1l'ttl:llI.;�I,.;,,I•,,".1..{„.,Iia11.,►:,.l►.'�!I�:lrl,�!.�I( �L: [sr.I8I ; ��t!�io l•I rI1' 0jq"�I' ll�"ll(�l'.1� :�lI�;'li�:���+�l In;.;,!l:lL,l �,l1alql,, ill l�I:l'ILIl,Ilr:;1':;.ui } Il��;�i„i u iIl�.i • t � if , 1jrtl��M;J•W'.;: l; l RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Fire and Rescue Company's Comments: P&&= g4K,04./ i 4,16 �Ocy c �.a TG G� � L,.4�✓� f t�a4o.j Ay S. 14YL I- 0c ^--06- Af Fire & Rescue Corn ny's Signature & Date: Notice to Fire & Rescue Company - Please Return This Form to the Applicant j Ill TOOZ NOI,LVIS a00A11IW OZ80 Z99 0V9 XVd 8T : TT 600Z/9VOT 0 COUNTY of FREDERICK November 9, 2004 Mr. Andy Conlon Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Russell 150 Rezoning Frederick County, Virginia Dear Mr. Conlon: Department of Public Works 540/665-5643 FAY: 540/ 678-0682 We have completed OUr review of the proposed Russell property rezoning and offer the following comments: 1) Refer to access under site suitability: The impact statement indicates that the residential land bay will have a single connection to Front Royal Pike and a single entrance on Warrior Drive. These connections should be reflected on the generalized development plan included as sheet 1 of 3. 2) Under the discussion of solid waste disposal, the final comparison should be presented as cubic yards to cubic yards or tons to tons rather than cubic yards compared to tons which is similar to apples to oranges. Also, the collection of solid waste should be addressed for the residential portion of the project. 3) The discussion of the impact model indicates that the total development will result in a positive fiscal impact. However, this conclusion is based on the total projected build -out. Unfortunately, there is nothing in the impact analysis or proffer statement which assures Frederick County that the project will be phased in such a manner to insure a positive fiscal impact. In fact, we anticipate that the residential portion of the project will be developed in total long before the first commercial property is developed. This type of phasing would have a negative impact on the services provided by Frederick County. Therefore, we recommend that a phasing plan be included in the impact analysis to insure that the residential development will coincide with the commercial development in a manner that will be beneficial to all parties concerned. The residential use restrictions included in the Russell 150 proffers should be amended to include a phased development. Nov 10 2004 By 107 North Kent Street • Winchester, Virginia 22601-5000 Russell 150 Rezoning Comments Page 2 November 9, 2004 I can be contacted at 665-5643 if you have any questions regarding these comments. Sincerely, 4 Harvey . Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file A ARusse11150 p ro prezeom.wpd • 0 Rezoning Comments Frederick County Sanitation Authority Mail to Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order, to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Eneineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Sanitation Authority Comments: Sanitation Authority Signature &Date: 1 _X `� ;7 `f Notice to Sanitation Authority - Please Return This Form to the Applicant Rezoning Comments Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Fred -Wine Service Authority Comments: Fred-Winc Service Authority Signature & Date: Notice to Fred -Wine Service Authority - Pl ase Return This F m to the Applicant ,o i _� NOV 0 8 2004 BY Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2❑d Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. RUSSELL 150 REZONING (Greenway File #3701) Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Attn: Evan Wvatt. AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Current zoning: RA Zoning requested: B2 & RP Acreage: 150.28 Department of Parks & Recreation Comments: See Attached Pks. & Rec. Signature & Date: 11/12/04 'i Notice to Department of Park 3!t Recreation — Please Return This Form to the Applicant NOV 1 6 ,��� Russell 150 Rezoning Comments • All bicycle lanes/trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. • Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. • Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. • Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. • All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. • Plan does not address recreational units required for this project. Winchester Airport 6406822936 Is 12108104 03:53pm P. 001 0 Rezoning Comments Winchester Regional .Airport �1�i,!w,:"+nt,`..jj"�;s�:'!+,7��ilc.�.�•T:�=."T.i"..^ti'F`*,,,!T�•T^i5;* ��ii;;:'�C'T�fm;G^„'t:^��;7•:"N'l:pp",:x"1�..,p,».,fT,�,�a�;•i."'s`.•,,,",�?h�tm�:��;tnr,si;r!�;,�.":'x:!'S� Mail to: Winchester Regional Air port Airport Attn: Executive )Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Uand deliver to: Winchester Regional ,Mtn: Executive Director 491 Airport Road (Rt. 64.5, off of Rt. 522 South) Winchester, Virginia :A � caatit' ,1'Ie s �`I�i:oitt:tHem r.' • •a Y as.accurate Pl? a rri tic a .� titcier to assi" ;; rich: stcr Regis ria] Ai oil wi h 6irrro'k ; :` Attacki:a co `6 ..your. a � licaiLiiii�'£oxm;; ,. location ►�Uan,'pro ex 4tatei ezwt,•. knvacti analysis; cud' ri copy lifer per:.tiiii irtt.a lformiYiYr�r� A.,pplicanI's Name: Mailing .Address: Location of property: Current Zoning: RUSSELL 150 REZONING (Greenway File #3701) Greenway Engineering Attn.: Evan Wyatt, AICP �151 Windy Hill Lane Winchester, vA 22602 Telephone: 540-062-41 S5 Fronting on the: west side of Front Royal Pik_ e (Route 522), o osite .A. iEport Road (Route 645). RA 'lonhig Requested: B2 & RP Acreage: 150.28 Winchester Regional Airport's Comments: e d Winchester Regional Airport's Signature. & Date: Q 4 Notice to Wiinchestei- Regional Airport - Plerise Return Form to Applicant Winchester Airporr 5406622936 12/08t04 03:53pm P. 002 0 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 December 8, 2004 Andy Conlon Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning — Russell 150 Shawnee Magisterial District Dear Mr. Conlon: The Winchester Regional Airport Authority would like to express our concerns regarding the mixed rezoning proposal. The B2 rezoning is compatible with airport operations and is in conformance with the Frederick County Comprehensive Policy Plan. Our concerns are with the AP rezoning request of this parcel. Residential development adjacent to or under a flight path used regularly by aircraft as they arrive or depart the airport is subject to aircraft noise. Due to the proximity of this proposed subdivision to the flight pattern at Winchester Regional Airport, the developer should be encouraged to advise future property owners of this potential through a disclosure statement and possibly through a covenant in their property deed or statement in their lease agreement. Property owners are likely to experience aircraft noise and fly -over from aircraft entering into or departing the flight pattern and as the airport continues to expand services and operation, noise associated with such expansion is likely to increase. Winchester Regional Airport is a vital link in the National Air Transportation System used by private citizens, commercial air carriers, business and industry throughout the region to transport people and goods around the world. Even thought potential buyers may be aware of the airport's existence they should be forewarned about aircraft noise and flyover nuisance by our presence possibly through covenants in their property deeds. The Winchester Regional Airport has a direct and significant economic impact on our community and is continually working towards expanding it operations. To be successful in our ventures, we need citizen support, which is the reason for our concern regarding potential complaints about aircraft noise. Thank you for giving this your consideration and should you have questions, please contact me. Sincerely, S. R. Manuel Executive Director Administrative Assistant to the Superintendent Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy MI Lane Winchester, VA 22602 Dear Mr. Wyatt: /F�'CIIOI Frederick County Public Schools Visit us at www.frederickkl2va ua December 3, 2004 RE: Russell 150 Rezoning (Greenway File #3701) e-mail: kapVc8ie®frederickk12 va,us This letter is in response to your request for comments concerning the rezoning application for the proposed Russell 150 Rezoning project. Based on the information provided, it is anticipated that the proposed 294 town houses will yield 32 high school students, 35 middle school students, and 91 elementary school students for a total of 158 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully yours, Stephen Kapocsi Administrative Assistantto the Superintendent SMK/dkr cc: William C. DeanPh.D., Superintendent of Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office box M, Winclwstm VA 22604-2546 FAX 54()fi62-3890 Z0 39dd SdS.9 0GOE3990VST 9E:60 b00Z/80/ZT F-M -1l- rn 0 Q z COUNTY of F'REDERICK DeparimenLof Planning and Development FM 5401%54395 February 17, 2005 Mr. Evan Wyatt, AICP OreenWay Engineering 151 windy Hill Lane Winchester, VA 22602 Russell 150 Rezoning Proposal Loca loon: Flronfs on the (vest side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). Property Identification Number (PIN): 6¢.A-12; Zoning DinArt: RA (Rurml Areas) Dear Mr. Wyatt: The Frederick County Historic ResowWes Advisory Doard (HRAB) considered {}1e above referenced rezoning proposal during their meeting of February 15, 2005. The HRAB reviewed inyoutnation associated with the Frederick County Rural Landmarks Surt--v Report, the Virginia Department of I-jistoric Resouroe:s as we--] t as information provided by the applicant. Historie Resources Achjso -Board Coneernvs The Rural Landmarks Survey' R.ep2rj for Frederick County idet>bfies a coiteetion of structures knovm as the "Russell Placev on the property. The Russell Place is identified siaiifteant, IC is the intentprop" LO of the applicant to rezone this m by the survey as being pot�enGally (Residential Perf0rMA ce) Zoning Districts. theB2 (Business General) and RP The HRA13 expressed grea(ooricem that the strucWxes on the propedy mlgfic be removed as the applicant vas utrwil ling to commit to anypreseMtion efforts, Inforoaation from the Virginia Department of Historie Resources (VDBR) file states that this is a "turn of the century farm eomIulex, rernadcably intact in the midst of increasing area &veloprneat''aad that it is the lastirttaetfurm close to I,Vinchester. The VDHR `�' also stated that this property should be invesfiQ ted for c-, gossibleresistea potential. The H AB suggests the following be considered to mitigate impacts on (he Nstoricresources: a First and faremost, the owner/developer must have serious sensitivity for the site and an under�tatiding r- of the historic aspect of theproperty. 107 North Kent Street, Suite 202 • Winchester, VirgWa 22601.5000 0 • m Mr. Evan Wyatt, AICP Re: Russell 150 Rezoning Proposol ter- February 17, 200:5 Page 2 0 o The farm complex is an anomaly left in this area. of the county, it should be saved and incorporated into the eornmencial developmeof as a "mminder of what Frederick County had" or "cut out? around (his development and leave it residential. • The farm complex could be an integral part of the entrance of the development. The engineerlowner should use s creative design to makethe buildings fit in with developmenc, u[ilize similar design conceptsin the am, commercial areas tWrettleet what is present in the km a mplex. • A Phase I study of the pcperN to determine if the property is eligible (through the VDHR) for the state registry needs to be done by the property owners, • If the. site is to be demolished, the entimsite mustbethoroughly documented (comprehensive nWy). Anew smveyusing AfDHR standards along with photographs needs to be completed. Please contact xne with any questions concerning these comments from the HRAB. Sincerely, ke�4XJ Candice E. Perkins Planner U CEP/bad cc, Rhoda Kriz, Harold Lelrmart, HRAB Members Gene Fisher, Shamnee Distciet -Supervisor Michael T. Ruddy, Deputy Director COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 January 11, 2005 Mr. Mark Smith Greenway Engineering 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Preliminary Comments — Russell 150 Rezoning Application. Dear Mark: Thank you for forwarding to this office the Russell 150 rezoning application materials for our review. Also,•the opportunity to discuss this project with you at your office last week was most helpful. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. As customary, it is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. 1) Preliminary Matters a) Item 7. of the Rezoning Application requires that a listing of all adjoining property owners is provided. In addition, The Code of Virginia, Section 15.2- 2204.C. requires that adjoining property owners in adjacent jurisdictions of the Commonwealth are notified or the proposed zoning change. Please ensure that property owners in the City of Winchester who adjoin the Russell 150 property via the Interstate 81 right-of-way are included in the adjoining property listing. As this rezoning proposal directly adjoins the City of Winchester, please ensure that written notice is also provided to the City Manager and City Planning Director as soon as possible for their review. The Code also requires that the CEO of the adjacent locality is notified if the property is within 1/2 mile of the boundary of the adjoining locality. With this in mind, and considering the City/County CDA concept, it is important to give them an opportunity to provide their input early in the process. It is expected that their review comments will be part of any rezoning application that is officially submitted for this project. nc��Od� JAN 1 2 2005 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 2 b) Community Development Authority Consideration. The special taxing district concept briefly introduced with this application is potentially an imaginative approach to a unique multi jurisdictional transportation and economic development scenario. However, details associated with such a Community Development Authority are not provided in this application. Further, the Department of Planning and Development is not aware of any formal progress or discussion that has occurred to further such an authority. It is important for the applicant to forward this discussion and to address the position of the City of Winchester, in addition to that of Frederick County, on their level of involvement in such a Community Development Authority. The County and the applicant will have to determine if it is appropriate to move forward with the rezoning of this property as presented prior to the formalization of an agreement regarding the Community Development Authority and special taxing district. This is very important as the CDA appears to be designed as a critical component of the application and Proffer Statement that would ensure a significant portion of the infrastructure improvements are completed. The proffer statement commits the applicant to participate frilly in the Winchester -Frederick County Community Development Authority special taxing district; an assumption that is presumably made for such time the CDA is authorized. However, if a Community Development Authority is not a concept that is ultimately desirable to the County and the City, the application would need to be significantly modified. A commitment from the localities involved may be timely. The form and timing of such a commitment would be at the discretion of the localities but should be facilitated by the applicant. It is staffs belief that this rezoning application as currently presented should not proceed until more significant progress has been made towards the establishment of such a Community Development Authority. With the endorsement of the Community Development Authority and the clarification of the benefits, commitments, and details already worked out, a rezoning application for this property would be much more straightforward. Presently, many questions remain regarding the CDA. It would appear as though the burden of developing, administering, promoting, justifying, and the ultimate fiscal responsibility of such an authority would be entirely with Frederick County and the City of Winchester. If an authority is deemed to be desirable to the localities, it should ensure that a full transportation solution in the vicinity of this project is achieved. c) Mixed Use Concept. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 3 designation. As noted in the Comprehensive Plan, mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. From a land use plamiing perspective, the location and scale of this project may present a unique opportunity to implement a truly mixed use project into Frederick County. The property is located on the east side of Interstate 81 with a considerable amount of prominent visibility and a strategic economic location that provides this opportunity. In many other communities there are successful examples of projects of a similar size and land use mix that have created commercial and mixed use environments that stand above the typical suburban residential and commercial developments and provide an urban and commercial focal point of the community. Such a creative approach or concept would be more preferable and acceptable than a rezoning that would simply enable more of the existing pattern of development to occur. A continuation of the suburban pattern of development that exists along Pleasant Valley Road or Millwood Pike would do little to enhance the character of the Urban Development Area of Frederick County. With the above said, the value of the economic tax base from this project as proposed is recognized. However, the County and the applicant may be interested in entertaining a concept similar to that described above that would enhance the economic value and employment opportunities of this project and provide an opportunity to create a venture that is an exemplary example of a mixed use project and a focal point for Frederick County's UDA. The connection between the City of Winchester and Frederick County could also be enhanced with this project. The mixed use concept envisioned for the southern portion of the property should be recognized in the rezoning application. This concept could potentially be enhanced with an integrated approach for the property in its entirety. Indeed, other adjacent properties could be incorporated into the concept. The Route 50 Fast Corridor Land Use Plan provides guidance for the commercial development of this property. However, it may be appropriate to consider improvements to this plan in an effort to incorporate new commercial land use concepts and to enhance the quality and economic strength of specific development projects. Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 4 2) Impact Analysis and Proffer Statement a) The area designated for residential use situated south of the Buffalo Lick Run stream valley constitutes approximately thirty six percent of the total project area, based upon the figures provided in the application, as opposed to the twenty five percent noted in the narrative. When correcting the narrative, it should also be recognized that the mixed use percentages should be considered in light of this property and adjacent properties south of the Buffalo Lick Run stream valley. Efforts should be made to provide the foundation for a mixed use environment in the area south of the stream valley. The commercial component north of the stream valley is designated as one hundred percent commercial. b) In the discussion of the suitability of the site, Access, the subject property is noted as having 220 feet of frontage on Route 522. It would appear as though this number is incorrect. Please confirm and correct the number if necessary. Also, the residential land bay is noted as having a single connection to Front Royal Pike, and a single entrance on Warrior Drive. However, this is not shown on the GDP or noted in the proffers. It should be recognized that the Southern Frederick Land Use Plan identifies environmental constraints and depicts a road system that is generally designed to respect these constraints. Specifically, a connection is shown between Front Royal Pike and Warrior Drive a little further south of this project, yet central to this area of mixed use, and at a point designated with a future traffic signal. It would appear as though consideration was given to minimizing the number of access points onto Front Royal Pike and ensuring that any such access points are provided with a safe and controlled signal. c) Please note that all applicable County Ordinances, in particular Sections 165-31 and the FP Floodplain District, provide additional guidance regarding the disturbance of environmental features and floodplains beyond the regulations of the identified State and Federal Agencies. d) The designation of the main body of Buffalo Lick Run and its associated floodplain as a public park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. Please provide additional information regarding the vision for this open space designation; in particular, regarding the public or private nature of this open space. The Parks and Recreation Department should provide a comment on the desirability of this concept. Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 5 e) The road system in the Southern Frederick Land Use Plan seeks to sustain the environmental features in this area by avoiding or minimizing crossings of riparian areas. The plan may suggest a modification to the road alignment in the area south of Buffalo Lick Run in order to minimize the impact on the riparian features. f) The preservation of the stream valley, slopes and wooded areas are addressed in the impact statement. These commitments should be incorporated into the Proffer Statement in order to guarantee the described concept. It should be noted that there is no such entity as the Winchester - Frederick County Park Authority. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. g) The Russell 150 project should ensure a regionalized stormwater management approach concept, as encouraged in the Southern Frederick Land Use Plan, to provide entrance protection to the Buffalo Lick Run area and its tributaries. It would be desirable to further memorialize this and other envirommental commitments in the Proffer Statement. h) The adjoining property information should be updated to reflect the recently approved B2 property immediately to the south and the correct zoning designation of the property to the north. It should also more accurately reflect the actual use of the adjacent land. i) Transportation. i) Frederick County. The primary reason for the involvement of Frederick County and the City of Winchester in the CDA associated with this project would be to ensure that a coordinated comprehensive approach, designed to achieve needed long term regional transportation improvements of the City and County, is frilly accomplished in conjunction with this project. Conspicuously absent from the transportation program is the assured completion of the direct connection from this project and the City to Route. 522. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. Part of the rationale for the necessity of this east -west connection is to ensure that the long term transportation needs of the project, community, and the fixture constructability of improvements to Interstate 81 and its interchange with Route 522/50/17. It would be desirable to ensure that this critical connection is guaranteed as part of the project or associated CDA. Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 6 The application notes that the roadways proffered through the GDP are in conformance with comprehensive planning documents. This is accurate on the subject property but is clearly limited to the subject property and does not extend off -site to fully mitigate the transportation impacts of this project or fully implement the connections identified in the various planning documents. The Traffic Impact Analysis (TIA) identifies a build -out lane geometry and level of service, and identifies roadway improvements designed to provide for an acceptable level of service. The roadway improvements that are identified should be guaranteed within the Proffer Statement. ii) City of Winchester. The commercial development occurring in the City of Winchester immediately to the west of Interstate 81 does not appear to have been included in the background condition information of the Traffic Impact Analysis (TIA). Also, the TIA appears to indicate an unacceptable level of service at the intersection of East Tevis Street and South Pleasant Valley Road without the implementation of suggested roadway improvements. It is important to ensure that the background traffic information is as accurate as possible. It is also noted that the TIA includes background trip generation information from projects in the County that have not been approved by Frederick County. A result of this may be that the background traffic count that is provided is overstated. This may result in an inflated level of service and therefore a resulting negligible differential between the background level of service and that with the project included. j) Phasing. The timing or phasing of the transportation is not included with the rezoning application. It is important to address this issue to ensure that the road improvements and connections occur in concert with the development or in a manner appropriate for the City and County. With regards to the phasing of the bridge crossing of hnterstate 81 and the extension of Tevis Street to Route 522, this connection should occur at the initiation of the project to ensure the benefits of the comiection to the City and County are realized and the traffic patterns are established. Consideration should be given to the phasing of the different land uses. The introduction of the residential components would result in an immediate fiscal impact to the County. A phased approach to the inclusion of commercial along with the residential would be desirable. This would assist in the mitigation of the Mr. Mark Smith Re: Russell 150 Rezoning Application January 11, 2005 Page 7 impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. k) Historic Resources. The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warrants the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). At such time you feel that the application is in appropriate form, please forward it to the HRAB via this office for their review. The potential may exist to build upon the character of the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run. Please feel free to contact me at any time regarding the above comments or the application in general. As I have identified in this letter, further coordination of the review with the City of Winchester and the Frederick County Director of Parks and Recreation is required. Of primary importance at this time is the need to further the level of discussion and understanding of the proposed Community Development Authority Concept. I look forward to continuing our participation in the review of this application. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad IMPACT STATEMENT RUSSELL 150 REZONING Shawnee Magisterial District Frederick County, Virginia TM 64-((A))-10 & 64-((A))-12 150.28-Acres November 3, 2004 revised January 24, 2005 Current Owners: Applicant: Contact Person: Russell 150, LC Russell 150, LC Mark Smith, PE LS Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Pile 41370l/EAW/ajc Greenway Engineering 0 November 3, 2004 is Russell 150 Rezoning Revised January 24, 2005 INTRODUCTION RUSSELL 150 REZONING This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 150.28-acre subject property identified as Russell 150 and owned by Russell 150, LC. The subject property consists of two parcels, those being: TM 64-((A))- 10; 29.97 acres, and 64-((A))-12; 120.31 acre. The subject site is located on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). The property is traversed by the future alignments and intersections of three major thoroughfares. The current zoning is Rural Areas (RA) District. The applicant, Russell 150, LC proposes to rezone the parcel from Rural Areas (RA) to Business General (B2) District and Residential Performance (RP) District. (Reference Attachnient 1. Location and Existing Zoning Exhibit for Russell 150) asic information Location: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645) Magisterial District: Shawnee Property ID Numbers: 64-((A))-10 and 64-((A))-12 Current Zoning: Rural Areas (RA) District Current Use: Agricultural, Unimproved Proposed Use: Commercial, Office and Retail Residential, Attached single-family Proposed Zoning: Business General (B2) District and Residential Performance (RP) District Total rezoning area: 150.28 acres Proposed build -out 440,450 square feet commercial retail 264,000 square feet office 294 residential attached single-family units File #3701/EAW/aje Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 COMPREHENSIVE PLAN The subject property is located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). No expansion of the SWSA or UDA is required for development of the subject property. The property is also included in the study area boundary of the Route 50 East Corridor Land Use Plan. The Comprehensive Policy Plan 1999, Route 50 East Corridor Land Use Plan states on page 6-19: An area of business/office use is also shown west of the intersection of Airport Road and Route 522. This area would be expected to accommodate a future road connection resulting from the extended of Airport Road, west into the City. Plans at this time would be to connect with road segments which are, at this time, partially in place south of Lowes, extending east from Pleasant Valley Road. This connection is seen as an important link in the overall Winchester Area Transportation Plan. The Comprehensive Policy Plan, Eastern Road Plan, page 7-15 and the Winchester Area Transportation Study (WATS) depict "new major collectors" of Warrior Drive and Airport Road extended crossing and intersecting on the subject property. In further refinements of these plans, VDOT has stated a desire for East Tevis Street to be the through movement in the Warrior Drive intersection, and Airport Road to connect Warrior Drive with a roundabout intersection. The roadways proffered through the generalized development plan are in conformance with these comprehensive planning documents. The Frederick County Bicycle Plan is depicted on page 7-17 of the Comprehensive Policy Plan. The bikeways, discussed further in the Transportation section of this report, and proffered through the generalized development plan, is in substantial conformance with the Comprehensive Policy Plan. The subject property north of Buffalo Lick Run and west of Warrior Drive is to be developed in business/office uses, in complete conformity with the Comprehensive Policy Plan, Route 50 East Corridor Land Use Plan. The Buffalo Lick Run stream valley forms a natural buffer and dividing line between these business/office uses and residential uses to the south. The Comprehensive Policy Plan 1999, Route 50 East Corridor Land Use Plan graphic on page 6- 21 shows exactly that, with a bubble labeled "proposed business/office" above a line identified as "urban development area" and "corridor boundary", corresponding to that labeled Buffalo Lick Run. The single land bay situated south of the Buffalo Lick Run stream valley, between Front Royal Pike (Route 522) to the east and Warrior Drive to the west, is to be developed in a residential use. This residential land bay comprises approximately twenty- five percent of the total project area. The proposed residential use of this land bay is in substantial conformance with the Comprehensive Policy Plan, and is in keeping with principles of good planning. File #3701/EAW/aje 3 Greenway Engineering • November 3, 2004 • Russell 150 Rezoning Revised January 24, 2005 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, consisting of tax parcels 64-((A))-10 and 64-((A))-12, is located within a manmade boundary created by Front Royal Pike (Route 522) on the eastern frontage of the property and I-81 along the western side. Access to the various land bays within the subject site will generally be from the planned major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street. The subject property has approximately 220 feet of frontage on Front Royal Pike (Route 522). Airport Road extended will create a four-way intersection with Front Royal Pike. The residential land bay will have a single connection to Front Royal Pike, and a single entrance on Warrior Drive. It is noted that no individual commercial lot access is proposed from Front Royal Pike. Safe entrance separation distances from the roundabout and other major thoroughfare intersections will be observed. A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general road layout. (Reference Attachment 4. Generalized Development Plan Exhibit for Russell I50) The conjunction of three major new thoroughfares on this property provides opportunities for this site to be a focal point for alternative modes of transportation. Interconnecting trip loops, with destinations including but not limited to the Winchester Regional Airport, Shenandoah University main campus, south Winchester- existing and developing retail and employment uses, the Virginia Employment Commission, and a variety of residential communities could support alternative modes of transportation. These transportation modes include shuttle bus mass transit, bicycle, and pedestrian. The City of Winchester transit system and others involved in regional transportation programs may have an interest in bus stop shelters within this project. Flood Plains The subject property can be found on FEMA NFIP map #510063-0115-B. The bottomland along Buffalo Lick Run and. two small areas of branching unnamed tributaries is identified as File 11370l/EAW/ajc 4 Greenway Engineering • November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 being within the 100-year floodplain (or "base flood") in designated "Zone A". The remainder of the site is located outside the 100-year floodplain in designated "Zone C". The land within the 100-year floodplain (FEMA designated "Zone A") is, and will remain, concurrently designated Frederick County zoning overlay district FP (Floodplain) District with the surrounding base zoning district. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. A Road crossing of Buffalo Lick Run floodplain will be required for Warrior Drive. Except for this Warrior Drive right-of-way, the floodplain will be designated and protected as permanent open space. The main body of the Buffalo Lick Run floodplain will be included in a public park. The park will not only maintain the functioning of the floodplain, but also provide an opportunity to educate the public concerning the value of stream valley ecosystems. Wetlands There are no wetlands designated on this site within the Frederick County GIS database. However there is an area that may contain hydrotropic plant species. The property will undergo a detailed wetland study and any wetlands identified will be addressed appropriately. The applicant shall comply with any requirement for Virginia Department of Environmental Quality permits. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS database. (Reference Attachment 2. Existing Soils Exhibit for Russell Farm) The subject site contains the following eight soil types: 1B Berks channery silt loam 2-7% slope covers approximately 1% of site 3B Blairton silt loam 2-7% slope covers approximately 7% of site 6C Carbo-Oaklet silt loam, very rocky 2-15% slope covers approximately 1% of site 9B Clearbrook channery silt loam 2-7% slope covers approximately 29% of site 9C Clearbrook channery silt loam 7-15% slope covers approximately 5% of site 14B Frederick-Poplimento loams 2-7% slope covers approximately 9% of site 28 Lobdell silt loam flood plain covers approximately 3% of site 32B Oaklet Silt Loam 2-7% slope covers approximately 1% of site 41C Weikert-Berks channery silt loam 7-15% slope covers approximately 3% of site 41D Weikert-Berks channery silt loam 15-25% slope covers approximately 22% of site 41E Weikert-Berks channery silt loam 25-65% slope covers approximately 19% of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 3B Blairton Silt loam and 28 Lobdell silt loam soils as prime farmland. The remaining soil types on site are not identified within this table. File #3701/EAW/aje 5 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 Other Environmental Features Riparian buffers, measured thirty-five feet from the channel scar line, will be provided along the length of Buffalo Lick Run. For the most part these riparian buffers are within the area also designated floodplain. Although the slopes on the property are not designated by the Frederick County Zoning Ordinance as steep slope ("exceeds 50%"), the applicant recognizes there are slopes adjacent to the stream valley that should be protected and so they are being included in common open space. Likewise, wooded areas within the stream valley and associated slopes will be protected in common open space. The applicant is designing this project to do more than simply protect the environmental features of the site. The design is intended to enhance the community's appreciation of this stream valley ecosystems as surrounding properties urbanize. Should the Winchester - Frederick County Park Authority wish to accept, the applicant would consider proffering the dedication of approximately ten acres of common open space to create a Buffalo Lick Run linear trail Park. B. SURROUNDING PROPERTIES Adjoining propertyzoning oning and present use: North: RP (Residential Performance) District B2 (Business General) District South: RA (Rural Areas) District East: RP (Residential Performance) District West: City of Winchester C. TRANSPORTATION Use: Residential Use: Commercial Use: Agriculture Use: Residential Use: I-81/future Commercial This application proposes the proffered rezoning for 440,450 square feet of commercial retail uses, 264,000 square feet of office uses and 294 attached single-family residential units on a 150.28 site. Traffic will primarily access the site via the proffered future alignments and intersections of Warrior Drive, Airport Road extended, and East Tevis Street. These planned major thoroughfares will provide inter -connections to properties located to the north, east, west, and south. The Interstate-81 Flyover for the East Tevis Street and related roadways are being funded through a unique special taxing district. These roadways are addressed in the Proffers and depicted in the Generalized Development Plan. File 113701/EAW/aje 6 Greenway Engineering • November 3, 2004 • Russell 150 Rezoning Revised January 24, 2005 This property is the site of significant portions of the alignment and the intersections of three major planned roadways. These roadways are Warrior Drive, Airport Road extended, and East Tevis Street. In theory, the County could attempt to acquire the necessary rights -of -way for the regional roadways outside of the property -owner initiated land development process. Fortunately instead, there is a willing property owner who will dedicate the necessary right- of-way as a function of a rezoning application. The proffer of these vital transportation links is well timed for the prosperity of local businesses and the traveling public's convenience, in both Frederick County and the City of Winchester. The Winchester Area Transportation Study (WATS) indicates Warrior Drive, the Airport Road extended, and the East Tevis Street should all be four -lane urban design facilities. Portions of these roadways are to be median divided sections, although Warrior Road is to transition to an undivided section at some point near the southern boundary of this property. VDOT has stated the Warrior Drive and East Tevis Street rights -of -ways should be a minimum 120 feet wide. VDOT also would like to have an innovative but land -consuming roundabout at the intersection of Warrior Road and Airport Drive extended. The Warrior Drive stream crossing and East Tevis Street overpass must have adequate width to accommodate bicycle lanes. The applicant is willing to reserve approximately 19.25 acres (approximately 500 linear feet of predominately 120 foot wide right-of-way and a roundabout) of this property for collector and arterial roads. The applicant's dedication of this substantial quantity of land represents a contribution of significant economic value. The establishment of major roadways is one of the more visible forms of public infrastructure that support development on a site such as this. On one hand we acknowledge the presence of these roadways will enhance the value of the subject property. On the other hand, it should be conceded that these roads are, in great part, needed to accommodate existing and planned growth outside of this site. In recognition of the singular opportunity to create community character provided by three new major thoroughfares intersecting on this site, the applicant proffer covenants of key public space design elements. The three major thoroughfares are all to be four -lane road sections, with curb, gutter, and storm drains. Sidewalks, separated from the curb by a grass utility strip, are to be provided on both sides of these streets. The roadways, including the roundabout, are to be landscaped with appropriate street trees. Properties fronting on these streets will be landscaped with corresponding trees. The private properties immediately surrounding the roundabout will also be subject to special treatment intended to enhance the visual presence of this road feature. The street lighting will be of a unified architectural style. A Traffic Impact Analysis (TIA) has been prepared for the 150.28-acre site by Patton Harris Rust and Associates, which is dated November 1, 2004 and is included in the Impact Analysis Statement. The TIA assumes the total build out of 294 attached single-family residential units, 264,000 square feet of office uses, and 440,450 square feet of retail uses by the year 2010. The TIA provides for a Level of Service (LOS) analysis, AM and PM peak hour traffic volumes and Average Daily Trip volumes for existing, background, and build out conditions. The TIA concludes the traffic impacts associated with the proposed Russell 150 development are acceptable and manageable. All of the intersections analyzed will operate at File #370l/EAW/ajc 7 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 levels of service "C" for 2010 background and build -out conditions, except for the Route 522 and I-81 ramp/Route 17/50 intersection which currently operates at levels of service "F". The applicant will provide the dedication of approximately 19.25 acres for major thoroughfares, as well as frontage improvements to Front Royal Pike, to facilitate safe ingress and egress and to mitigate impacts of this development. These improvements are to include a right turn lane on Front Royal Pike. All improvements are incorporated into the proffer statement for this project. Road efficiency buffers of fifty feet will separate the residential lots from Front Royal Pike and Warrior Drive. The Frederick County Bicycle Plan is depicted on page 7-17 of the Comprehensive Policy Plan. The bicycle plan indicates a "proposed designation" of a bicycle route connecting the Front Royal Pike and Airport Road intersection with an alignment that appears to follow the planned Warrior Drive all the way through to Fairfax Pike (Route 277). Due to the fact the Airport Road extended and Warrior Road projects have not yet been engineered, bicycle lanes can be included in the design. Furthermore, the East Tevis Street may be the best chance for establishing an I-81 crossing on the bicycle route system. The applicant proffers bicycle facilities parallel to Warrior Drive, Airport Road extended, and East Tevis Street. D. SEWAGE CONVEYANCE AND TREATMENT The 150.28-acre property is located within the Urban Development (UDA) and Sewer and Water Service Area (SWSA) boundaries. There are existing 8" sanitary sewer lines serving the adjacent homes on Front Drive and Royal Avenue. There is also an 8" sewer line on the on the east side of Front Royal Pike, running from roughly Airport Road to Buffalo Lick Run. The principle collector lines for the development's sanitary sewer system will probably follow the topography to the Buffalo Lick Run floodplain, then under Front Royal Pike, and on to the 522 Sewage Pumping Station #1. It will be connected to the main in accordance with Frederick County Sanitation Authority (FCSA) regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system can be projected based on the proffered land uses of 704,450 square feet of combined commercial uses (440,450 square feet of retail and 264,000 square feet of office) and 294 attached single- family dwelling units. The FCSA design figures estimate 500 gallons per day (GPD) per acre of general commercial development, and 225 gallons per day (GPD) per attached single- family dwelling unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of 440,450 square feet of commercial: Q = 500 GPD of general commercial development Q = 500 GPD X approximately 96 acres Q = 48,000 GPD projected at total commercial build out File #3701/EAW/ajc 8 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of 294 dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD x 294 dwelling units Q = 66,150 GPD projected at total residential build out COMBINED COMMERCIAL & RESIDENTIAL Q = 114,150 GPD The proposed zoning is projected to increase flows to the public sewage conveyance system and the Opequon Wastewater Treatment Plant by 114,150 GPD at total build out. The design capacity of the treatment plant is 8.4 million GPD, of which approximately 6.4 GPD is currently being utilized. The total build -out of the proffered land uses would require approximately 5.7 percent of the available capacity at the Opequon Waste Water Treatment Plant; therefore, adequate capacity is available for this development. E. WATER SUPPLY The 150.28-acre property is located within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) boundaries. There is an existing 20-inch water main running along the property line (a.k.a. right-of-way line) the subject property shares with Front Royal Pike. This 20-inch main is a major transmission line from the James Diehl Water Treatment Plant. Impacts of the proposed rezoning on the water supply system can be projected based on the proffered land use of 704,450 square feet of combined commercial uses (440,450 square feet of retail and 264,000 square feet of office) and 294 attached single-family dwelling units. Design figures for comparable projects estimate 125 GPD per 1,000 square feet of commercial, and 275 GPD per attached single-family dwelling unit. The figures below represent the impact that this project would have to the public water system at full build -out of 440,450 square feet of commercial: Q = 125 GPD per 1,000 commercial square foot Q = 125 GPD x 704.45 (1,000 commercial square feet) Q = 88,056.25 GPD projected at total commercial build out The figures below represent the impact that this project would have to the public water system at full build -out of 294 dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD x 294 dwelling units Q = 80,850 GPD projected at total residential build out The proposed zoning is estimated to draw 168,906.25 gallons per day from the public water supply system. The James Diehl Water Treatment Plant is one of three sources contributing File #3701/EAW/ajc 9 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 to the blended water serving the area of this property. This treatment plant provides approximately 4 million gallons per day of potable water. The projected water usage at build -out would account for less than five percent of this portion of the blended sources. Adequate capacity is available for this development. F. SITE DRAINAGE The 150.28-acre site generally drains to Buffalo Lick Run and then downstream under Front Royal Pike (Route 522). Preliminary engineering indicates the use of storm water management ponds in the main draws into Buffalo Lick Run. The on -site storm water management facilities will be designed to ensure that the post -development release into Buffalo Lick Run does not exceed the pre -development conditions. Stormwater management design will occur during the site development process, which will require approval by the Frederick County Engineer and Virginia Department of Transportation. The design of the stormwater management facilities will be implemented in a manner that will avoid any disturbance of the existing stream and any associated wetlands. Consideration will be given to the use of oil separators or other BMP's to minimize the impact from parking areas and other impervious surfaces. The natural drainage ways of this site present a superb opportunity for the crafting of an open space amenity. Over the last century or so, those who have farmed the property have been inclined to maintain the stream valley and adjoining slopes in a relatively natural state. Therefore the beauty of a wooded stream, and the wildlife habitat it provides, has been preserved. Now, aided by the statutory protections of designated floodplain, land planners can continue this tradition. The applicant proffers to place this stream valley, from the floodplain to the associated slopes, in approximately ten acres of common open space. G. SOLID WASTE DISPOSAL An estimate of the aggregate impact of the potential commercial and residential uses on solid waste disposal facilities can be projected based upon average annual business and attached single-family residential waste generation. According to the Civil Engineering Reference Manuel, 41h Edition, annual average volume (AV) of business consumption of landfill space is 5.4 cubic yards per 1,000 square feet of structural area. Each household unit has an annual average volume (AV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 41h Edition). The following figures show the increase in daily volume based on the proffered density of 440,450 square feet of commercial use and 294 dwelling units. AV = 5.4 cu. yd. per 1,000 sq ft commercial AV = 5.4 cu. yd. X 704.45 units (of 1,000 sq ft commercial) AV = 3,804.03 cu yd at build -out AV = 5.4 cu. yd. per dwelling AV = 5.4 cu. yd. X 294 dwellings AV = 1,587.60 cu. yd. File #3701/EAW/aje 10 Greemvay Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards (13.1 million cu. yd.), currently being consumed at an average of 200,000 tons per year. This capacity is more than adequate to accommodate the solid waste generated from this project. H. HISTORICAL SITES AND STRUCTURES The Russell Farm, taken as a whole with the farmhouse, outbuildings, and most importantly, the surrounding farmland is identified in the Frederick County Rural Landmarks Survey as a potentially significant property. The property is identified as "Russell Place", file #34-431. The Virginia Division of Historic Landmarks survey form indicates that neither the house nor any of the outbuildings, though all well maintained, are of substantial historic significance individually. Instead the farmland, with the cluster of farm buildings taken in this context, is what is significant. The survey refers to this farm as one of the last examples near Winchester of a sort of land use that was once "typical" all around the city. However, the coming of the road improvements envisioned by the Comprehensive Policy Plan will forever change this farmland context and greatly reduce the property's historic significance. "Russell Place", file #34-431, is the only historic feature in the immediate vicinity inventoried by the Virginia Division of Historic Landmarks. The property is not identified as being within the core area of a Civil War battlefield. We are not aware of any archeological artifacts being found on the site. The application is to be considered by the Historic Resources Advisory Board (HRAB) at their February 15, 2005 meeting. I. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the proffered development of 440,450 square feet of cormercial retail, 264,000 square feet of office uses and 294 attached single-family dwelling units. The results of this model run indicate that the development of the subject site will result in a positive total net fiscal impact of $93,667 (+$100,449 per square foot of commercial use and-$6,782 per dwelling unit). Although the model run indicates a substantial positive net fiscal impact, the applicant has proffered an additional $10,000 to fire and rescue services. The applicant have proffered a monetary contribution that exceeds that indicated by the results of the fiscal model run in order to assist the first responder company that will provide service to the Russell 150 community. (Reference Attachment 3. Frederick County Capital Facilities Fiscal Impact Model for Russell Farm) The subject property lies within the Winchester Airport five -mile zone of influence and across Front Royal Pike from the airport support area. The applicant support the requirement that no use or structure shall be permitted which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing and takeoff of aircraft. No additional impacts to community facilities are anticipated by this rezoning application. File #3701/EAW/ajc l l Greenway Engineering 0 November 3, 2004 is Russell 150 Rezoning Revised January 24, 2005 Attachments: 1. Location and Existing Zoning Exhibit for Russell 150 2. Existing Soils Exhibit for Russell 150 3. Frederick County Capital Facilities Fiscal Impact Model for Russell 150 4. Generalized Development Plan Exhibit for Russell 150 S. Traffic Impact Analysis for Russell 150 6. Conditional Zoning Proffer Statement for Russell 150 File #3701/EAW/ajc 12 I �C'- 4wNDB r ? 7 gift }41CARK�►- 1 • - , TH cn r , u' c i e \ / 1• • .•. / \ w • • •PM1 �. /14 CC ••• •�I IM ••� , � fit. ( . � �'. •MADATE 04/01/05 - C DESIGNED BY SBW 11 fm w r A Traffic impact Analysis of the Russell Farm Located in: Frederick County, Virginia Prepared for: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22606 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Ranners. Landscape Architects. 208 Church Street, S.E Leesburg, Virginia 20175 P + T 703.777.3616 H F 703.777.3725 November 1, 2004 u 0 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Russell Farm development located along the west side of Route 522 (Front Royal Pike), between Peppermill Road and Route 17/50, in Frederick County, Virginia. The proposed project is to include 294 townhouse units, 264,000 square feet of office and 440,450 square feet of retail with primary access to be provided via the proposed western leg of Airport Road and secondary access (townhouse only) to be provided via a site -driveway located to the south of Airport Road. The proposed development will be built -out by the year 2010. Figure 1 is provided to illustrate the location of the Russell Farm site with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Russell Farm development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for Russell Farm, • Distribution and assignment of Russell Farm generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. . EXISTING CONDITIONS Patton Harris Rust & Associates, pc (PHR+A) obtained AM and PM peak hour manual turning movement counts at the intersections of Papermill Road (Route 644)/Pleasant Valley Road, Papermill Road/Route 522 (Front Royal Pike), Airport Road/Route 522 and Route 522/Route 50/17 (Millwood Pike). Additionally, 24-hour automatic "tube" counts were conducted along the Papermill Road and Route 522, respectively. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8% as determined from traffic count data provided by the Virginia Department of Transportation (VDOT). Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. PH A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 1 • 11 No Scale Figure 1 4 �j Q Sunny'side/ -RauR� f y • 1' 7 -SA762indQA M �. eA.,��r. 17 r- --- .iEjderick HeigWs .fi + Gi �' Q Greenwood Hell Suming 1Gw1s0�.�` ;a I`, M� i - m• : 7 a 57 ? Ke"ISITE �— e 50 ' o onville ty .1 Barton' ille M _ $*: a*i_ns Mis c Vicinity Map - Russell Farms A Phased Traffic Impact Analysis of the Russell Farm PRA November 1, 2004 HPage 2 0 ' No Scale !• (111)80 �' � ■ (90)39 N 6� AM Peak Hour(PM Peak Hour; Average Daily Trips Figure 2 Existing ADT and AM/PM Peak Hour Traffic Volumes A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 3 i No Scale i Signalized Intersection LOS=CM \rr/,mot a 0 u b Signalized Intersection 11 LOS=B(B) * Denotes Unsignalized Critical Movement I AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service R+A A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 PH Page 4 • C� No Scale Signalized Roadway Intersection Improvements Signalized Roadway LOS=B(C) Required Intersection Los=B(B). Improve net Required �lil/tvOOd pk0 It (A) s Signalized Q, Intersection LOS=D(F) V C`1 a ba ✓ �� a^ o � Signalized �� `04 Intersection LOS=C(D) �N` Ve 4 )ad � 644 ,W k Unsignalized Intersection `� tr~8Mj+ 17 LI!//tv50 T 644 � o A/ke 4�0o Intersection LOS=B(B) 11� -C(C) Airport ei. Road � o a M szz � Ott lA)B Signalized Intersection LOS=C(B) * Denotes Unsignalized Critical Movement A AM Peak Hour (PM Peak Hour) -I Figure 5 2010 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of the Russell Farm R+ANovember 1, 2004 Page 8 PH Z I oft'l VOOZ 'I JQqLUOAON uuluJ llgssn-d Qql Jo slsXluu-V joedtuj oUj?ajL posLq(l V V+IHd samnlOA 39P-IlanoH 3juaa Wa/WV puij jL(IV Ino-pl!na 010Z 8 j (-'nog 31vad Iva)-moR 3tad Ili, li oleos ON Signalized Roadway In`tersection.' Improvements SI na]ized ; Roadway LOS C(C) Required TntersecHou Regional Los- hgI) Improvements Improvements Required v' 4rx' Required NO SC31t 1'a e ' O { ri 4:. ar ez w00 t <s ;' rr�► y� , %P� Signalized Intersection f U a r. LOS=D(�ii 644 Ile Unsignalized 8� 644 h (&),Intersection Signalized � Intersection 644 LOS=C(E) A� �C �a � qr SITE 9 644 S�leb dad n�c 522 Signalized Intersection M L0S=B(C) tC(C) � q (L)B / 1 Airport '� Road e 522 a �11 522 lii)a li � Signalized Signalized lute section S' Intersection LOS=C(C) zjoDnv0 .41 LOS=B(B) (C�g < y 1 a * Denotes Unsignalized Critical Movement PY TP+/ /� \ AM Peak Hour (PM Peak Hour) I Figure 9 2010 Build -out Lane Geometry and Levels of Service P HRI� A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 13 • CONCLUSION The traffic impacts associated with the proposed Russell Farm development are acceptable and manageable. The following describes the future operating conditions at each of the study area intersections. • Route 522 and I-81 ramp/Route 17/50: For existing, 2010 background and build - out conditions, this intersection will operate with levels of service "F". This intersection requires regional roadway improvements to achieve acceptable levels of service. • Route 17/50 and Ryco Lane: For 2010 background and build -out conditions, this intersection will operate with levels of service "C" during the AM/PM peak hours. Traffic signalization, however, would be required to satisfy levels of service requirements. A signal warrant study would be necessary prior to installation. • Airport Road and Route 522: For 2010 background and build -out conditions, this intersection will operate with levels of service ,C,, during the AM and PM peak hours. Airport Road is proposed to be extended to the site west of Route 522. The required intersection improvements assumed include a northbound left -turn lane and southbound right turn lane. • Papermill Road and Route 522: For 2010 background and build -out conditions, this intersection will operate with levels of service "C" during the AM and PM peak hours. • Papermill Road and Pleasant Valley Road: For 2010 background and build -out conditions, this intersection will operate with levels of service "C" during the AM and PM peak hours. The required intersection improvements assumed include a northbound left -turn lane and southbound right -turn lane. PHR+ A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 14 N 0 IMPACT STATEMENT RUSSELL 150 REZONING Shawnee Magisterial District Frederick County, Virginia TM 64-((A))-10 & 64-((A))-12 150.28-Acres November 3, 2004 revised January 24, 2005 Current Owners: Applicant: Contact Person: Russell 150, LC Russell 150, LC Mark Smith, PE LS Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #3701/EAW/ajc Greenway Engineering 0 November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 INTRODUCTION RUSSELL 150 REZONING This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 150.28-acre subject property identified as Russell 150 and owned by Russell 150, LC. The subject property consists of two parcels, those being: TM 64-((A))- 10; 29.97 acres, and 64-((A))-12; 120.31 acre. The subject site is located on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645). The property is traversed by the future alignments and intersections of three major thoroughfares. The current zoning is Rural Areas (RA) District. The applicant, Russell 150, LC proposes to rezone the parcel from Rural Areas (RA) to Business General (B2) District and Residential Performance (RP) District. (Reference Attachment 1. Location and Existing Zoning Exhibit for Russell 150) Basic information Location: Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645) Magisterial District: Shawnee Property ID Numbers: 64-((A))-10 and 64-((A))-12 Current Zoning: Rural Areas (RA) District Current Use: Agricultural, Unimproved Proposed Use: Commercial, Office and Retail Residential, Attached single-family Proposed Zoning: Business General (B2) District and Residential Performance (RP) District Total rezoning area: 150.28 acres Proposed build -out 440,450 square feet commercial retail 264,000 square feet office 294 residential attached single-family units File #3701/EAW/ajc Greenway Engineering • November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 COMPREHENSIVE PLAN The subject property is located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). No expansion of the SWSA or UDA is required for development of the subject property. The property is also included in the study area boundary of the Route 50 East Corridor Land Use Plan. The Comprehensive Policy Plan 1999, Route 50 East Corridor Land Use Plan states on page 6-19: An area of business/office use is also shown west of the intersection of Airport Road and Route 522. This area would be expected to accommodate a future road connection resulting from the extended of Airport Road, west into the City. Plans at this time would be to connect with road segments which are, at this time, partially in place south of Lowes, extending east from Pleasant Valley Road. This connection is seen as an important link in the overall Winchester Area Transportation Plan. The Comprehensive Policy Plan, Eastern Road Plan, page 7-15 and the Winchester Area Transportation Study (WATS) depict "new major collectors" of Warrior Drive and Airport Road extended crossing and intersecting on the subject property. In further refinements of these plans, VDOT has stated a desire for East Tevis Street to be the through movement in the Warrior Drive intersection, and Airport Road to connect Warrior Drive with a roundabout intersection. The roadways proffered through the generalized development plan are in conformance with these comprehensive planning documents. The Frederick County Bicycle Plan is depicted on page 7-17 of the Comprehensive Policy Plan. The bikeways, discussed further in the Transportation section of this report, and proffered through the generalized development plan, is in substantial conformance with the Comprehensive Policy Plan. The subject property north of Buffalo Lick Run and west of Warrior Drive is to be developed in business/office uses, in complete conformity with the Comprehensive Policy Plan, Route 50 East Corridor Land Use Plan. The Buffalo Lick Run stream valley forms a natural buffer and dividing line between these business/office uses and residential uses to the south. The Comprehensive Policy Plan 1999, Route 50 East Corridor Land Use Plan graphic on page 6- 21 shows exactly that, with a bubble labeled "proposed business/office" above a line identified as "urban development area" and "corridor boundary", corresponding to that labeled Buffalo Lick Run. The single land bay situated south of the Buffalo Lick Run stream valley, between Front Royal Pike (Route 522) to the east and Warrior Drive to the west, is to be developed in a residential use. This residential land bay comprises approximately twenty- five percent of the total project area. The proposed residential use of this land bay is in substantial conformance with the Comprehensive Policy Plan, and is in keeping with principles of good planning. File #3701/EAW/ajc 3 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, consisting of tax parcels 64-((A))-10 and 64-((A))-12, is located within a manmade boundary created by Front Royal Pike (Route 522) on the eastern frontage of the property and I-81 along the western side. Access to the various land bays within the subject site will generally be from the planned major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street. The subject property has approximately 220 feet of frontage on Front Royal Pike (Route 522). Airport Road extended will create a four-way intersection with Front Royal Pike. The residential land bay will have a single connection to Front Royal Pike, and a single entrance on Warrior Drive. It is noted that no individual commercial lot access is proposed from Front Royal Pike. Safe entrance separation distances from the roundabout and other major thoroughfare intersections will be observed. A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general road layout. (Reference Attachment 4. Generalized Development Plan Exhibit for Russell 150) The conjunction of three major new thoroughfares on this property provides opportunities for this site to be a focal point for alternative modes of transportation. Interconnecting trip loops, with destinations including but not limited to the Winchester Regional Airport, Shenandoah University main campus, south Winchester existing and developing retail and employment uses, the Virginia Employment Commission, and a variety of residential communities could support alternative modes of transportation. These transportation modes include shuttle bus mass transit, bicycle, and pedestrian. The City of Winchester transit system and others involved in regional transportation programs may have an interest in bus stop shelters within this project. Flood Plains The subject property can be found on FEMA NFIP map #510063-0115-B. The bottomland along Buffalo Lick Run and two small areas of branching unnamed tributaries is identified as File #370l/EAW/ajc 4 Greenway Engineering November 3, 2004 16 Russell 150 Rezoning Revised January 24, 2005 being within the 100-year floodplain (or "base flood") in designated "Zone A". The remainder of the site is located outside the 100-year floodplain in designated "Zone C". The land within the 100-year floodplain (FEMA designated "Zone A") is, and will remain, concurrently designated Frederick County zoning overlay district FP (Floodplain) District with the surrounding base zoning district. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. A Road crossing of Buffalo Lick Run floodplain will be required for Warrior Drive. Except for this Warrior Drive right-of-way, the floodplain will be designated and protected as permanent open space. The main body of the Buffalo Lick Run floodplain will be included in a public park. The park will not only maintain the functioning of the floodplain, but also provide an opportunity to educate the public concerning the value of stream valley ecosystems. Wetlands There are no wetlands designated on this site within the Frederick County GIS database. However there is an area that may contain hydrotropic plant species. The property will undergo a detailed wetland study and any wetlands identified will be addressed appropriately. The applicant shall comply with any requirement for Virginia Department of Environmental Quality permits. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS database. (Reference Attachment 2. Existing Soils Exhibit for Russell Farm) The subject site contains the following eight soil types: 1B Berks channery silt loam 2-7% slope covers approximately 1% of site 3B Blairton silt loam 2-7% slope covers approximately 7% of site 6C Carbo-Oaklet silt loam, very rocky 2-15% slope covers approximately 1% of site 9B Clearbrook channery silt loam 2-7% slope covers approximately 29% of site 9C Clearbrook channery silt loam 7-15% slope covers approximately 5% of site 14B Frederick-Poplimento loams 2-7% slope covers approximately 9% of site 28 Lobdell silt loam flood plain covers approximately 3% of site 32B Oaklet Silt Loam 2-7% slope covers approximately 1% of site 41C Weikert-Berks channery silt loam 7-15% slope covers approximately 3% of site 41D Weikert-Berks channery silt loam 15-25% slope covers approximately 22% of site 41E Weikert-Berks channery silt loam 25-65% slope covers approximately 19% of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 3B Blairton Silt loam and 28 Lobdell silt loam soils as prime farmland. The remaining soil types on site are not identified within this table. File #3701/EAW/ajc 5 Greenway Engineering November 3, 2004 10 Russell 150 Rezoning Revised January 24, 2005 Other Environmental Features Riparian buffers, measured thirty-five feet from the channel scar line, will be provided along the length of Buffalo Lick Run. For the most part these riparian buffers are within the area also designated floodplain. Although the slopes on the property are not designated by the Frederick County Zoning Ordinance as steep slope ("exceeds 50%"), the applicant recognizes there are slopes adjacent to the stream valley that should be protected and so they are being included in common open space. Likewise, wooded areas within the stream valley and associated slopes will be protected in common open space. The applicant is designing this project to do more than simply protect the environmental features of the site. The design is intended to enhance the community's appreciation of this stream valley ecosystems as surrounding properties urbanize. Should the Winchester - Frederick County Park Authority wish to accept, the applicant would consider proffering the dedication of approximately ten acres of common open space to create a Buffalo Lick Run linear trail Park. B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: RP (Residential Performance) District B2 (Business General) District South: RA (Rural Areas) District East: RP (Residential Performance) District West: City of Winchester C. TRANSPORTATION Use: Residential Use: Commercial Use: Agriculture Use: Residential Use: I-81/future Commercial This application proposes the proffered rezoning for 440,450 square feet of commercial retail uses, 264,000 square feet of office uses and 294 attached single-family residential units on a 150.28 site. Traffic will primarily access the site via the proffered future alignments and intersections of Warrior Drive, Airport Road extended, and East Tevis Street. These planned major thoroughfares will provide inter -connections to properties located to the north, east, west, and south. The Interstate-81 Flyover for the East Tevis Street and related roadways are being funded through a unique special taxing district. These roadways are addressed in the Proffers and depicted in the Generalized Development Plan. File #3701/EAW/ajc 6 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 This property is the site of significant portions of the alignment and the intersections of three major planned roadways. These roadways are Warrior Drive, Airport Road extended, and East Tevis Street. In theory, the County could attempt to acquire the necessary rights -of -way for the regional roadways outside of the property -owner initiated land development process. Fortunately instead, there is a willing property owner who will dedicate the necessary right- of-way as a function of a rezoning application. The proffer of these vital transportation links is well timed for the prosperity of local businesses and the traveling public's convenience, in both Frederick County and the City of Winchester. The Winchester Area Transportation Study (WATS) indicates Warrior Drive, the Airport Road extended, and the East Tevis Street should all be four -lane urban design facilities. Portions of these roadways are to be median divided sections, although Warrior Road is to transition to an undivided section at some point near the southern boundary of this property. VDOT has stated the Warrior Drive and East Tevis Street rights -of -ways should be a minirnum 120 feet wide. VDOT also would like to have an innovative but land -consuming roundabout at the intersection of Warrior Road and Airport Drive extended. The Warrior Drive stream crossing and East Tevis Street overpass must have adequate width to accommodate bicycle lanes. The applicant is willing to reserve approximately 19.25 acres (approximately 500 linear feet of predominately 120 foot wide right-of-way and a roundabout) of this property for collector and arterial roads. The applicant's dedication of this substantial quantity of land represents a contribution of significant economic value. The establishment of major roadways is one of the more visible forms of public infrastructure that support development on a site such as this. On one hand we acknowledge the presence of these roadways will enhance the value of the subject property. On the other hand, it should be conceded that these roads are, in great part, needed to accommodate existing and planned growth outside of this site. In recognition of the singular opportunity to create community character provided by three new major thoroughfares intersecting on this site, the applicant proffer covenants of key public space design elements. The three major thoroughfares are all to be four -lane road sections, with curb, gutter, and storm drains. Sidewalks, separated from the curb by a grass utility strip, are to be provided on both sides of these streets. The roadways, including the roundabout, are to be landscaped with appropriate street trees. Properties fronting on these streets will be landscaped with corresponding trees. The private properties immediately surrounding the roundabout will also be subject to special treatment intended to enhance the visual presence of this road feature. The street lighting will be of a unified architectural style. A Traffic Impact Analysis (TIA) has been prepared for the 150.28-acre site by Patton Harris Rust and Associates, which is dated November 1, 2004 and is included in the Impact Analysis Statement. The TIA assumes the total build out of 294 attached single-family residential units, 264,000 square feet of office uses, and 440,450 square feet of retail uses by the year 2010. The TIA provides for a Level of Service (LOS) analysis, AM and PM peak hour traffic volumes and Average Daily Trip volumes for existing, background, and build out conditions. The TIA concludes the traffic impacts associated with the proposed Russell 150 development are acceptable and manageable. All of the intersections analyzed will operate at File #3701/EAW/ajc 7 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 levels of service "C" for 2010 background and build -out conditions, except for the Route 522 and I-81 ramp/Route 17/50 intersection which currently operates at levels of service "F". The applicant will provide the dedication of approximately 19.25 acres for major thoroughfares, as well as frontage improvements to Front Royal Pike, to facilitate safe ingress and egress and to mitigate impacts of this development. These improvements are to include a right turn lane on Front Royal Pike. All improvements are incorporated into the proffer statement for this project. Road efficiency buffers of fifty feet will separate the residential lots from Front Royal Pike and Warrior Drive. The Frederick County Bicycle Plan is depicted on page 7-17 of the Comprehensive Policy Plan. The bicycle plan indicates a "proposed designation" of a bicycle route connecting the Front Royal Pike and Airport Road intersection with an alignment that appears to follow the planned Warrior Drive all the way through to Fairfax Pike (Route 277). Due to the fact the Ail -port Road extended and Warrior Road projects have not yet been engineered, bicycle lanes can be included in the design. Furthermore, the East Tevis Street may be the best chance for establishing an I-81 crossing on the bicycle route system. The applicant proffers bicycle facilities parallel to Warrior Drive, Airport Road extended, and East Tevis Street. D. SEWAGE CONVEYANCE AND TREATMENT The 150.28-acre property is located within the Urban Development (UDA) and Sewer- and Water Service Area (SWSA) boundaries. There are existing 8" sanitary sewer lines serving the adjacent homes on Front Drive and Royal Avenue. There is also an 8" sewer line on the on the east side of Front Royal Pike, running from roughly Airport Road to Buffalo Lick Run. The principle collector lines for the development's sanitary sewer system will probably follow the topography to the Buffalo Lick Run floodplain, then under Front Royal Pike, and on to the 522 Sewage Pumping Station #l. It will be connected to the main in accordance with Frederick County Sanitation Authority (FCSA) regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system can be projected based on the proffered land uses of 704,450 square feet of combined commercial uses (440,450 square feet of retail and 264,000 square feet of office) and 294 attached single- family dwelling units. The FCSA design figures estimate 500 gallons per day (GPD) per acre of general commercial development, and 225 gallons per day (GPD) per attached single- family dwelling unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of 440,450 square feet of commercial: Q = 500 GPD of general commercial development Q = 500 GPD X approximately 96 acres Q = 48,000 GPD projected at total commercial build out File #3701/EAW/ajc 8 Greenway Engineering November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of 294 dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD X 294 dwelling units Q = 66,150 GPD projected at total residential build out COMBINED COMMERCIAL & RESIDENTIAL Q = 114,150 GPD The proposed zoning is projected to increase flows to the public sewage conveyance system and the Opequon Wastewater Treatment Plant by 114,150 GPD at total build out. The design capacity of the treatment plant is 8.4 million GPD, of which approximately 6.4 GPD is currently being utilized. The total build -out of the proffered land uses would require approximately 5.7 percent of the available capacity at the Opequon Waste Water Treatment Plant; therefore, adequate capacity is available for this development. E. WATER SUPPLY The 150.28-acre property is located within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) boundaries. There is an existing 20-inch water main running along the property line (a.k.a. right-of-way line) the subject property shares with Front Royal Pike. This 20-inch main is a major transmission line from the James Diehl Water Treatment Plant. Impacts of the proposed rezoning on the water supply system can be projected based on the proffered land use of 704,450 square feet of combined commercial uses (440,450 square feet of retail and 264,000 square feet of office) and 294 attached single-family dwelling units. Design figures for comparable projects estimate 125 GPD per 1,000 square feet of commercial, and 275 GPD per attached single-family dwelling unit. The figures below represent the impact that this project would have to the public water system at full build -out of 440,450 square feet of commercial: Q = 125 GPD per 1,000 commercial square foot Q = 125 GPD X 704.45 (1,000 commercial square feet) Q = 88,056.25 GPD projected at total commercial build out The figures below represent the impact that this project would have to the public water system at full build -out of 294 dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD X 294 dwelling units Q = 80,850 GPD projected at total residential build out The proposed zoning is estimated to draw 168,906.25 gallons per day from the public water supply system. The James Diehl Water Treatment Plant is one of three sources contributing File #3701/EAWA& 9 Greenway Engineering November 3, 2004 is Russell 150 Rezoning Revised January 24, 2005 to the blended water serving the area of this property. This treatment plant provides approximately 4 million gallons per day of potable water. The projected water usage at build -out would account for less than five percent of this portion of the blended sources. Adequate capacity is available for this development. F. SITE DRAINAGE The 150.28-acre site generally drains to Buffalo Lick Run and then downstream under Front Royal Pike (Route 522). Preliminary engineering indicates the use of storm water management ponds in the main draws into Buffalo Lick Run. The on -site storm water management facilities will be designed to ensure that the post -development release into Buffalo Lick Run does not exceed the pre -development conditions. Stormwater management design will occur during the site development process, which will require approval by the Frederick County Engineer and Virginia Department of Transportation. The design of the stormwater management facilities will be implemented in a manner that will avoid any disturbance of the existing stream and any associated wetlands. Consideration will be given to the use of oil separators or other BMP's to minimize the impact from parking areas and other impervious surfaces. The natural drainage ways of this site present a superb opportunity for the crafting of an open space amenity. Over the last century or so, those who have farmed the property have been inclined to maintain the stream valley and adjoining slopes in a relatively natural state. Therefore the beauty of a wooded stream, and the wildlife habitat it provides, has been preserved. Now, aided by the statutory protections of designated floodplain, land planners can continue this tradition. The applicant proffers to place this stream valley, from the floodplain to the associated slopes, in approximately ten acres of common open space. G. SOLID WASTE DISPOSAL An estimate of the aggregate impact of the potential commercial and residential uses on solid waste disposal facilities can be projected based upon average annual business and attached single-family residential waste generation. According to the Civil Engineering Reference Manuel, 4th Edition, annual average volume (AV) of business consumption of landfill space is 5.4 cubic yards per 1,000 square feet of structural area. Each household unit has an annual average volume (AV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 4th Edition). The following figures show the increase in daily volume based on the proffered density of 440,450 square feet of commercial use and 294 dwelling units. AV = 5.4 cu. yd. per 1,000 sq ft commercial AV = 5.4 cu. yd. X 704.45 units (of 1,000 sq ft commercial) AV = 3,804.03 cu yd at build -out AV = 5.4 cu. yd. per dwelling AV = 5.4 cu. yd. X 294 dwellings AV = 1,587.60 cu. yd. File #3701/EAW/ajc 10 Greenway Engineering 0 November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards (13.1 million cu. yd.), currently being consumed at an average of 200,000 tons per year. This capacity is more than adequate to accommodate the solid waste generated from this project. H. HISTORICAL SITES AND STRUCTURES The Russell Farm, taken as a whole with the farmhouse, outbuildings, and most importantly, the surrounding farmland is identified in the Frederick County Rural Landmarks Survey as a potentially significant property. The property is identified as "Russell Place", file #34-431. The Virginia Division of Historic Landmarks survey form indicates that neither the house nor any of the outbuildings, though all well maintained, are of substantial historic significance individually. Instead the farmland, with the cluster of farm buildings taken in this context, is what is significant. The survey refers to this farm as one of the last examples near Winchester of a sort of land use that was once "typical" all around the city. However, the coming of the road improvements envisioned by the Comprehensive Policy Plan will forever change this farmland context and greatly reduce the property's historic significance. "Russell Place", file #34-431, is the only historic feature in the immediate vicinity inventoried by the Virginia Division of Historic Landmarks. The property is not identified as being within the core area of a Civil War battlefield. We are not aware of any archeological artifacts being found on the site. The application is to be considered by the Historic Resources Advisory Board (HRAB) at their February 15, 2005 meeting. I.OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the proffered development of 440,450 square feet of commercial retail, 264,000 square feet of office uses and 294 attached single-family dwelling units. The results of this model run indicate that the development of the subject site will result in a positive total net fiscal impact of $93,667 (+$100,449 per square foot of commercial use and-$6,782 per dwelling unit). Although the model run indicates a substantial positive net fiscal impact, the applicant has proffered an additional $10,000 to fire and rescue services. The applicant have proffered a monetary contribution that exceeds that indicated by the results of the fiscal model run in order to assist the first responder company that will provide service to the Russell 150 community. (Reference Attachment 3. Frederick County Capital Facilities Fiscal Impact Model for Russell Farm) The subject property lies within the Winchester Airport five -mile zone of influence and across Front Royal Pike from the airport support area. The applicant support the requirement that no use or structure shall be permitted which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing and takeoff of aircraft. No additional impacts to community facilities are anticipated by this rezoning application. File #3701/EAW/aje 1 I Greenway Engineering 0 November 3, 2004 Russell 150 Rezoning Revised January 24, 2005 Attachments: 1. Location and Existing Zoning Exhibit for Russell 150 2. Existing Soils Exhibit for Russell 150 3. Frederick County Capital Facilities Fiscal Impact Model for Russell 150 4. Generalized Development Plan Exhibit for Russell 150 5. Traffic Impact Analysis for Russell 150 6. Conditional Zoning Proffer Statement for Russell 150 rile 113701/EAW/ajc 12 a �I1 - �. ' '' ��� ,. I��'�%►"ice � � IIR:r , - .,, ,. � � / , • , • 'a , aid'"'' ,� .?� �j • :r . �l .. .. s do I 133Hs 'AHdVbWd01 ,9 A1Nn00 HOIa30: 104s ON 31M 30 3Nn N 03a tl 3 /18s As a3NO1S30 oOZ - .1 31VJS Z 3 vo/4I/80 31Va m z a � N -n z m m p x C v q a cn wm m C n r c r M , v v 0 a -a � o n SH3KLO AB F ►6OIOZ /103?Oad A. 1N3nN0 Nos11A A3II - \ �O O o 1YNa, a! Cf9ZZ0-oN `6 < Huns a mvm do a ewavn asn I►1 . , 99 Od 9EG g NOZ 3ZIV1D z ° �^laa IaavM - 3nlaa aoiaavM M/b /OZL MRI IOZ t• I C I pTpl „_ A183dOMd 721Y7h I I _ �� iM "IMMEAS "411".1 { OUTPUTNODULE { APPLICANT: Russell Met Fntcallmpaei LAND USE TYPE B2R2P Costs of Inl0ad CradY- { RM EST YAL 575.677,579 Requited (ardeted in I Fn7E 6 RESCUE = 6 Caciial Facilli es Col sum only) Fue and Rescue Depar"wi Elsatentaq Schuuis ?Addle Schools Hwh Srpmfs { PwU and Racreadon Pub5c Library Sherds Offices { lWrinisfralion Building I Olow llacdtaneous Fadlioss SUBTOTAL LESS NET RSCAL IMPACT NET CAP. FACILITIES IMPACT $486.029 $1,001,999 5635,598 $7A402 $3KII51 $62,38B $A 923 $47,354 $80,451 $3,392,B2(l $23,C64,647 Ct ut T^4 fa F" Taxes Paid tNP1A Total PolanUal Cur.Budgal Cw.Budgai Cap. Future C1P/ Tax Credi is Ocer CK Eaulo ExoendO W 5, Tows, OBter Nnadtuled) so $159.113 $772,303 S931.508 $80,873 $80,6T3 $17,448 $17,448 571,853 $D S7,541 $79,194 50 50 $163.894 $169,909 $323,803 $38,100 $942.302 $105,862 $1,432.824 $n.084.847 INDEK'1.0"ItCap E4JPindudsd 1.0 INC,EX:'1.0' M Rsr-Cost Hot '0.V' I Ratio to Co Avg: 0.0 PLANNWGDEPTPRIFERENCES 1.0 1.0 ME1HODOLOOY: — 1. Capital fedities raquirenents are input Ito 01e Irtsfi column 09 reicdalad In tm model — 2. Net Fiscal Impact NPV ism OPeraBorts calcula50u I+inPut In rorldel of second coltarn (zero It negaive); Itzlisded are "01,64" WxWlBes 1a ana year only at full Value 3 1SPV of krbne opercap equh> taxRl es paid in yd cairen as calculated In dotal lmpwts. 4. NPV 011ut m capW tupend4ure lose paid inburlh col as cakutaled in iscal ImPeCUL 5. I, P of AAae lama psld b bring weed county up to standard far new faciliCes, as talwlated far earh nee bdlly. Fx Columns three Utrough ive arc added as polentlal credits against Ste calculated cwlal necks requiremen s. These are adjusted fa percent of caw coveted by 01e revenues from the project (actual, or as ratio to qwgL to all residenfiel developneN. Adjustment For i(aventr6 Net Capital 1 1 Ne►Coel Per 1 Cost Balance frwMfes Impact Dwe61151 UnR s0 $485,629 $1,652 3831.508 51,409.491 $4,794 $W,873 $277,973 $946 I 117,448 $44,935 $153 $79.194 so I so S47184 $161 I $323,803 50 $0 $1,432.824 $1,959,797 $6,q6 $23.064,847 (173,964 84D I I I Rev-Cwl Bal- 1A00 Rjoo to Go Avg ` — 1.342 - -- — NOTE: Pnolfer calculallone do not hdude Witide Interest because they are Cash payments up 4ant Ctedits do include Merest Y 0te Projecss are debt Rnanced. NOTES: Model Run Date 1111=14 MM Project Descdpibn Assumes a max mute number of 294 Towrftwes and 264,000 square rest of once and 44Q450 squera feel of Retal Total Aucage 150.2E acres (9B28 =as B2 / 54 acres RP resulting Ina res!dentlel dansAy of &4 units per acre). I I I I 1 Oee to dttplgirig Corldlfons assulalod vah develaprnenl in its County, Sue result of this Output Nodule may not be valid beyond a perbd ol 90 deya frmn Ire nodal run dale. 1 m tj N N m m LO A N LTI A m an fir rn w rn cn TI �1 c: 1 e O 'D �LL m N 19 N 0 • .0 0 A Traffic Impact Analysis of the Russell Farm Located in: Frederick County, Virginia Prepared for: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22606 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 208 Church Street, S.E Leesburg, Virginia 20175 PhR T 703.777.3616 F 703.777.3725 November 1, 2004 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Russell Farm development located along the west side of Route 522 (Front Royal Pike), between Peppermill Road and Route 17/50, in Frederick County, Virginia. The proposed project is to include 294 townhouse units, 264,000 square feet of office. and 440,450 square feet of retail with primary access to be provided via the proposed western leg of Airport Road and secondary access (townhouse only) to be provided via a site -driveway located to the south of Airport Road. The proposed development will be built -out by the year 2010. Figure 1 is provided to illustrate the location of the Russell Farm site with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Russell Farm development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for Russell Farm, • Distribution and assignment of Russell Farm generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS Patton Harris Rust & Associates, pc (PHR+A) obtained AM and PM peak hour manual turning movement counts at the intersections of Papermill Road (Route 644)/Pleasant Valley Road, Papermill Road/Route 522 (Front Royal Pike), Airport Road/Route 522 and Route 522/Route 50/17 (Millwood Pike). Additionally, 24-hour automatic "tube" counts were conducted along the Papermill Road and Route 522, respectively. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8% as determined fiom traffic count data provided by the Virginia Department of Transportation (VDOT). Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. PH A Phased Traffic Impact Analysis ofthe Russell Farm November 1, 2004 Page 1 0 0 CONCLUSION The traffic impacts associated with the proposed Russell Farm development are acceptable and manageable. The following describes the future operating conditions at each of the study area intersections. • Route 522 and I-81 ramp/Route 17/50: For existing, 2010 background and build - out conditions, this intersection will operate with levels of service "F". This intersection requires regional roadway improvements to achieve acceptable levels of service. • Route 17/50 and Ryco Lane: For 2010 background and build -out conditions, this intersection will operate with levels of service "C" during the AM/PM peak hours. Traffic signalization, however, would be required to satisfy levels of service requirements. A signal warrant study would be necessary prior to installation. • Airport Road and Route 522: For 2010 background and build -out conditions, this intersection will operate with levels of service "C" during the AM and PM peak hours. Airport Road is proposed to be extended to the site west of Route 522. The required intersection improvements assumed include a northbound left -turn lane and southbound right turn lane. • Papermill Road and Route 522: For 2010 background and build -out conditions, this intersection will operate with levels of service "C" during the AM and PM peak hours. • Panermill Road and Pleasant Valley Road: For 2010 background and build -out conditions, this intersection will operate with levels of service "C" during the AM and PM peak hours. The required intersection improvements assumed include a northbound left -turn lane and southbound right -turn lane. PH R+A A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 1.4 • • No Scale $u�ysid 3171, f HA Has ��� �•;� , ti �� ��: ��r�derick He+its , Greenwood He+gits:- y ' C� �✓ — a �•&- a � a,� . �'`� Burning Knaas�L Cr37 �Jta K�mstO"SITE o 60 50 ' cnville ,o Barton ille Figure 1 PHPn Vicinity Map - Russell Farms A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 2 E • No Scale U Figure 2 PR+AH (ttt)soJ � 1 (90)J9 "1i N 'A e^� AM Peak Hour(PM Peak Hour; DailyI Average Existing ADT and AM/PM Peak Hour Traffic Volumes A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 3 0. ' No Scale Signalized Intersection LOS=C(F) Signalized oy Intersection LOS=B(B) * Denotes Unsignalized Critical Movement I AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service R+A A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 PH Page 4 ZI a2ed b00Z `I iagwanorl ulnLi ilassn'l agl3o s►sAleud 3aedwl oUjieiZ pasegd d V+-UHd samnlOA OWBIJL jnOH ?IBM NJ/IkV Put 1,CEV )no-Pi!na 010Z 8 am2i3 V (anoH xrad L1id).inoH Tad IAIV .wi N C w� 'fPMJ,I b J N zzs : T 10100 1 4 o .1 0v N i PEOZi 1 1 1 a• OZ�8l l) a uodmV a \ r66(88S) 0 (9Li)ZOT ? ( `98)6S �� b L N , (Rzz)KT 1 a s a a w �iw N Z25 J' , VQJ''s APo �L 4b9 ans R Ll v 1w6fr(0 006 OSrt (SBFt o'�~,v�nk44 Yt9 ("s ()0V ��� (bb j) ( �✓� 4, ! 54��5 b m j" (Iy�st D � I C�<b� (66��isrf� 1 ^�,g96A1'j �� `�~� 4�� Y49 14 von byQ DIEDS ON N 9 0 0 way Signalized .LRequired Regional Intersection LOS=B(B) ments Improvements Required d'liljkood '. Pike Signalized 1 Intersection a1 e LOS=D(F) ✓� t Do) �d`�� •33�� Unsignalized h Intersection `� i ,1 Ji/4w 14 4�0 OQIp�ke Intersection \ LOS—B(C) 7 1ll e_ C(C)0 (nB —� ii r "apc o Road I� e o tB)B 11 Signalized Intersection LOS--C(C) Signalized Intersection a LOS-B(B) 1 ty.il C)a < %4i * Denotes Unsignalized Critical Movement A11N1 Peak Hour (PM Peak Hour) Figure 9 2010 Build -out Lane Geometry and Levels of Service PhR-A A Phased Traffic Impact Analysis of the Russell Farm November 1, 2004 Page 13 RUSSELL 1.50 REZONING The complete Traffic Impact Analysis is on file in the records of the Frederick County Department of Planning and Development T.M. 64—A-9A FRED L. GLA/ZE, JR. RESIDUAL TRUST & 1/4" IPF CAMPFIELD, LLC N INSTR. 1040022471 ��j• o� T.M. 648—A-73 CALVARY CHURCH OF THE BRETHREN DB. 328 PG. 681 FENCE POST 0 0 0 T.M. 64—A-11 Z. k, ARTHUR A. BELT & :S 1/2" IPF X1 JUANITA S. BELT W 2 DB. 720 PG. 255 k IRF` v 3/4" IPF .1 Q' L 16 L9, hti 0N. 1 J �VDH MON 1100, FENCE POST PT AT 3.68' 4- 0 n ;': r,� .v. 4. 6', T.M. 63-A-150 B2 ZONE I MON PT 96.28 +/— ACRES 1 y i PT h \ RP ZONE 54.0 +/— ACRES T.M. 63—A-123A EFG INVESTMENTS, LLC DB 968 PG 354 500 0 500 GRAPHIC SCALE (IN FEET) IRF T.M. 64—A-10A CALVARY CHURCH OF THE BRETHREN DB. 485 PG. 464 T.M. 648-4—E (PINCHED) K/RBY L. HEPNER, JR. & LOUISE R. HEPNER DB. 319 PG. 15 1 fUNKHOUSER ` �BJ ADOMON I' IRF VV� ROYAL AW (ROUTE m)IRF 1' IPF L17 JN� PT IRF W/C4PCC L V v 1. � J� 5/8- IRF O Pc L.2 U IRF W/G4P IRF W/CAP PT !� T.M. 64-A-18 MANFRED G. KOKORSKY T.M. 64-A-14 DB 468 PG 350 MICHAEL S. & CHERYL SHEPARD INSTR. 10J0000500 EXHIBIT SHOWING ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE ON THE LAND OF RUSSELL 150, LC SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 "=300' I DATE: SEPTEMBER 16, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 3701 SHEET 1 OF 2 LINE DATA L1 S 01'4621' W 154.61' L2 S 89'40 20 W 26.96' L3 S 29'13'19' W 64.04' L4 S 01'4741' W 112.92' L5 S 55'53'57 W 51.18' L6 S 14'0824' W 59.50, L7 N 69'51 '16' W 375.10' L8 N 71'0558' W 333.41 L9 N 5654'19' E 145.10' L 10 N 03'14 46 W 197.69 L 11 S 51.51 35 E 600.62 L 12 S 41-49 22' E 272.65' L 13 S 31'28 35' W 497.94' L 14 N 58' 15'41 ' W 10760, L 15 S 31'06 34' W 199.82' L 16 S 02.01 ' 18 W 332. 70' L 17 S 875J 44 E 470.95 CURVE DATA CURVE RADIUS ARC CHORD BEARING DELTA C1 5674.58' 174.64' 174.63' S 02"3921' W 01'4548' C2 6161.16' 277.02' 276.99' S 05'59 J9' W 0234 34 C3 3169.87 417.88 417.58' S O-r29 56 W 07.1V 11 NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM, COMPLETED ON MAY 18, 2005. 2. NO TITLE REPORT FURNISHED, EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. LEGEND: IRF = 1/2' IRON REBAR FOUND IPF = IRON PIPE FOUND VDH MON = CONCRETE VDH MONUMENT FOUND PT = POINT (UNMONUMENTED) EXHIBIT SHOWING ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE ON THE LAND OF RUSSELL 150, LC SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: SEPTEMBER 16, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 3701 SHEET 2 OF 2 FNOTE: THE BOUNDARY INFORMATION SHOWN IS BASED ON AVAILABLE RECORDS FROM THE FREDERICK COUNTY GIS DEPARTMENT. �` DATA G _> LINE LINE AZIMUTH CURVE DATA III ` Nt a� tPE V \ yS 2 c` a e Fay V��• 7 1 �\11 S O O U `] ` ` �O/3 W 6 Z Z r/ F z _ ` /ry > _ +o .9 / H F J a r g-AE- O F O F Ov j (h N cYi Z n F � CsJ G] 304.6 9.. W / Z Z 0 0 a. a s N o /M z r" u Y ID L 3 j yl v li rrJ :/� TOTAL AREA 150.28 ACRES± �� N P w T4e /^ , a 6 j Ln \N 3g 35 \ DATE:-03/30/05 67�„ N scAIE. I- / N '2.L54" E 4. / L�0 ........ it66.35t2 JS ff"-- 300 0 300 DESIGNED BY: EAR/ INTERSTATE 91 SCALE: 1" = 300' JOB NO. 9'T01 DISTANCE L1 AZ 121'IS IS 129.1576 L2 AZ 1140J ZI 1.1e70 l3 AZ 11U1001 16.7789 U AZ 12P IS SB 32.e23J LS AZ 120'7123 51.3702 L6 AZ 120' 1 / p9 100.1091 l7 AZ 110' 19 16 /9.3837 LB AZ 12019 50 1e.5153 L9 AZ 120' 17 13 70.809B 110 AZ 120'11 /9 18.3130 L11 Az lzaxo 3o /9.3]60 112 � 120'163E /9.2127 113 AZ 1I0'2605 5.7991 L1/ A2 1e1'3513 //.e921 LIS AZ IBt'JS 00 /1.3776 L16 AZ 191'I559 /e.6479 LI7 A2 181'333I I5.891B lle A2 191'37 /0 /e.39/3 119 AZ 191'3719 57.397E L20 � 181'39 SJ /J.0180 l21 AZ 90/939 I55.7651 AZ 90'SO }] 313.79/7 AZ 179'55 J2 193.621/ AZ IBP3515 /70.52I5 � 191'39 /7 56.923/ AZ 18312 x6 67.61e6 Rt2 A2 161'5002 121.0616 AZ 19750 2J 121.OB57 AZ IeS30 OS 107.2586 AZ176'36t3/199Z3/ AZ2t'332710].2J09 AZ 23'32 // 26x.1653 l33 AZ 14/016 94.3165 L}1 A$ 53'II II 117.6813 US AZ it 3'1131 17.7831 L36 AZ 211'2711 131.1179 L}] AZ it 1'2719 /9.0930 Lae Az 3oaze n ezonl L39 AZ 300'/J 2e 13.1136 110 AZ 21QSJ 10 31.8986 L11 AZ ZID56 11 165.33/0 L12 AZ 35751 11 18J.363S US AZ 263'57 28 135.3760 CVBVE RALAUS ARC LfNGM CI+OBO LENGTH CNOBD AZ/MVM DELL M'GLE CI l3.6 77 B/.6l11 B/.SB// AZ J/3'1737 06'J7l0 C7 IS .1/9 IJ7.91pB 1l6.76 ]B AZ OZJI /7 J?II !7 CJ /9.3767 /9.3707 AZ 19B'38 SB DJ'OS OB CI B1 .1 17 SB.rltp jB.OBB1 AI 19/'7716 OS'1+r1 CS r 601B 3J. J071 3l.1091 AI IBJ'l91J 16'31 J6 B3.61 r0 B31176 k JST1716 1777 17 C7 90!/.BBB r39.B19) 139.B/93 AI IBJ'31 SI 00'IB 36 LINE DATA LINE AZIMUTH DISTANCE AZ 121'15'13" 129.2576' AZ 119*03*21 1.2870' AZ 120'20'01 46.7788' R AZ 120'15'58" 52.8253' AZ 120'21'23" 51.5702' AZ 120'14'09" 100.4094' AZ 120'19'46" 49.3837' L8 AZ 120'19'50" 48.5155' L9 AZ 120' 17' 13" 50.8098' AZ 120' 12'49" 48.3130' AZ 120'20'30" 48.3760' AZ 120'16'38" 49.2127' k12 AZ 120'26'05" 5.7991' AZ 181'35'43" 44.8921' AZ 181*33*00" 41.5776' AZ 181'45'59" 48.6479' L17 AZ 181'33'37" 45.8918' L18 AZ 181'37'40" 48.3943" L19 AZ 181'37'19" 57.3978' L20 AZ 181'39'53" 43.0180' 1-21 AZ 90'49'39" 155,7651' L22 AZ 90'50'37" 343,7847' L23 AZ 179'55'32" 193.6244' L24 AZ 180'55'25" 170 5215' L25 AZ 191'39'17" 56,9234' L26 AZ 183'42'26" 67,6486' L27 AZ 181.50'02" 121,0616' L28 AZ 182'50'23" 121,0857' L29 AZ 183'30'05" 407.2586' L30 AZ 176'36'13" 419.9234' L31 AZ 21'33'22" 407 2309' L32 AZ 23'52'44" 262 4653' L33 AZ 19*40'16" 94,3165' L34 AZ 55'11'i I" 147.6813' L35 AZ 21 3' 1 4'34" 17 7854' L36 AZ 211'27'11" 134.1479' L37 AZ 211'27'49" 49.0930' L38 AZ 300'28'11" 87,0171' L39 AZ 300'43'28" 15.4136' L40 AZ 210'53'10" 31,8986' L41 AZ 210*56'14" 165.3340' L42 AZ 357 51' 1 1 " 183.5655' L43 AZ 263'57'28" 135.3760' NOTE: THE BOUNDARY INFORMATION SHOWN IS BASED ON AVAILABLE RECORDS FROM THE FREDERICK COUNTY GIS DEPARTMENT CURVE DATA RADIUS ARC LENGTH CHORD LENGTH CHORD AZIMUTH DELTA ANGLE 735.6322 84.6311' 84.5844' AZ 345'4757" 06'35'30" 2574498 137.9108' 136.2678' AZ 02'37'42" 30'41'32920.7587 EC2 49.5767' 49.5707' AZ 198*58*58" 03'05'06` 616.1312 581100' 58.0884' AZ 194'27'16" 05'24'14` 180.6018 53.3024' 53.1091' AZ 183'39'13" 16'5436" 3938847 85.6110' 85.4426' AZ 35747'46" 12'17'12 29034.886 159.8497' 159.8495' AZ 183-5I'S4" 00'18'S6` S 3 488 9„ W L4 I L40 rn � n J YcIo L3> L L36 4.l n N obi o•^ N\67�, N 9 47"4 7,� '5 5 20' �6g 70 2 22'20'54" E 1 166.3512' L33 INTERSTATE 81 0 �29 ", \'Nool. rVc�c� O 'p O.^ p •^ a N Z � 0) inON Z Lai •• L3 �. 300 0 300 SCALE: 1 " = 300' MF O O U W Z z N d F z � q F W � � d g w z L O W cf) O d �, Z Q. U -E-HWW 0 0 z rz a � w (D U) W U U) DATE: 03/30/05 SCALE: 1" = 300' DESIGNED BY: £AW/, JOB NO, 3701 SHEET I OF 1 I t •' � s -� +ill; �1 � � ice► � _ _ ,; ,��i►� �, . , HI •, • � mwes�• ♦ �� owl SPH4i' F BICYCLE L IL `I W filli UA NOW NMI W. IIRLU • �, �=LU 1. - , - /' .�\\ ` �� � � • I � / . + ' �� ���� - � I � ' 1..: it ': .. •. CD rn crT NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERNINEA BY A FIELD RUN SURVEY PERFORMED BY EBERT k ASSOCIATES ON FEBRUARY 13, 1998. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, 3. NO TITLE REPORT FURNISHED. 4. NO RKTFTTS-OF-WAYS OR EASEMENTS ARE SHOWN. SEE THE FOLLOWING DEEDS FOR REFERENCE TO EASEMENTS ON THE RUSSELL PROPERTY: DS 238, PC 223; DB 786, PG 1722; DB 840, PG 1539; OB 842, PC 1485 5, SEE CONSOLIDATION SURVEY OF THE 29.657 ACRE TRACT FOR / MORE DETAIL. REBAR (FOUND) UNLESS OTHERWISE INDICATED P01NT a L0~ T h � �'� K CONCRETE 11014UYENT L 4 /(FOUND) Rw ( 0. \ REBAR CONCRETE MONUMENT (FOUND) FENCE POST -.--FENCE � AT 3.68' 64-A-123A WINCHESTER HARLEY-DAVIDSON, INC. 536/29�1 IRON PIPE (FOUND), 29-657 AC. 64-A-10 DB 231. PG . 70 64-A-11 tTHUR A. A 4ITA S. BELT 720/255 0.309 AC. 63-A-150 DB 323, PG 284 120.384 AC. 64-A-12 DB 231. PG 74 M{Ckpp4R kt. APTZ SURVEY OF THE REMAINING LANDS of JUNE H. RUSSELL SHAWNEE DISTRICT, FREDERICK COUNTY, VMOKA SCALE: P = 400' DATE: FEBRUARY 13,1998 29 657 AC. = DB 231 70 TMN-Ai-A' 10 120 384 AC = DB 231 P5 74 TMNW AC = b8 323, P& 284 TM JA580, INC. & FRED /L 6L7A1--ZE III ' 36/86 CALVARY CHURCH OF IRON PIPE THE BRETHREN (FOUND) 64B-A-73,80 328/681 FENCE ' \ POST IRON PIPE REBAR (FOUND) 64-A-10A COPPER P,PE�� _Lj1 `' 485 1464 / 648-4-E UIISE HEA LOUR. R 319/15 4 �� 1�� FUNKHOUSER A MITION 1 0 J Or 4 OT 37 OT J IRON PIPE T (FOUND) 00 REBAR I (SET) 3 02 L14 — Ll LIS L17 ) L2 L18" L19 FENCE I POST METALFENCti 64C-A-12 Post PM COMMONWEALTH OF VIR6INIA L'+ 875/670 64-A-14 ARTHUR A. POLING, JR. 64-A-18 348/289 MANFRED 6, KOKOR5KY 468/350 PROJECT 1985024 U 2 OF 5 LINE5 UNE BEARING DISTANCE L1 N 82-28'09" W 150,14' L2 N 82' 14'30' W 1005.35' L3 N 32'24'30" W 1§85.02' L4 N 33'47'44" E 761.52' L5 N 68-46'08" E 145.10' L6 N 71'22'29' E 157.47' L7 N 67-32'50" E 1235.07' L8 S 46' 1 1'25" E 688.82' L9 S 13'53'08" W 332.70' 1-10 S 76'01'55" E 470.95' L11 N 78'27'51" W 26.96' L12 S 41'05'09" W 64.04' L13 S 13'39'31" W 112.92' L14 S 6T45'46' W 51.18' L15 S 26'00'14* W 96.73' L16 S 55'10'59" W 176.36' L17 S 52'14'53 E 262 L18 N 5T15'18' E 45.62' L19 S 52'21'52' E 60.25' LINE BEARING DISTANCE L20 N 86' 12 01 " E 150.90' L21 S 10*02'08" E 79.44' L22 S 23'28'32" W 287.33' 1-23 S 08' 14'33" W 428.07' L24 N 08*37*04" E 192.09' L25 N 40'46'50" W 184.40' L26 N 33'44'43" E 1174.87' L27 N 52'58'10" E 773.02' L28 S 39' 59' 46" E 600.62' L29 S 35'57'32" E 272.65' L30 S 43'20'25" W 497.94' L31 N 46-23 52" W 107.60' L32 S 42'58'23" W 199.82' L33 S 46'11'25" E 1.42' L34 N 08'37'04" E 5.60' L35 S 13'38' 1 1 " W 154.61' CURVE5 CURVE RADIUS ARC CHORD BEARING CHORD C1 5674,58' 174.64' S 14731'10" W 174.63' C2 6161.16' 277.02' S 1 T51'29" W 276.99' 13 3169.87' 417.88' S 15'21'45" W 417.58' COURSE SHEET of the SURVEY of the REMAINING LANDS of JUNE H. RUSSELL SHAWNEE DISTRICT FREDERICK COUNTY, VMINIA PATE: FEMARY 13, f998 MakCT 19W24 l9bert and Associates A. L AsN.s 118-idw Amb"at ". tu, camp-, ws sssss us Rw mmunm 39 a muscoA1 SIPW rOQ1Q Ml ZAX01-4740 TEL S-W-3t11 FAX UO-O"laS 10LL f1XtE 1-9010-755-7= MICHAEL M. AM No. ' 951 £ .40 1 1.33HS 'AHdV800d0l ,S A1Nn03 H3183038J ' 0VO _ 104C ON 31LA 3NIl N 0321fV\ 33 1 / V MSS AS 03NOIS30 \^�-- \L1io C v .00Z - _1 3'IVOS L ,3 \...0 O � LiU UO t0/[1/80 31V0 m Q ° m > N — o z m ° o o 0 9 C v i Q q o Q e n (n Q A z 3 r, C n O Qo d o E 1 m p U ° �t r o O ° 0 0 Q o < !n O O > O °° e m os o Z 4m q �� O a 1 - �p o o no O fiOL H 3110 r Q O s g 0, Q a Q vv nWb VA V3 0 O �i9 'I'd ❑ < X 1 X noel Q �f Li GZZO ON Tk < HIOIS 0 x8vn ° v e D % S3213V 9Z'96 0 9 aNYI 131L11Sla Z13 _ \ 3 m v > � O 0 n►aa� IaaVAA NOZ _ ,OZL '�3Y71 3Sf1 IW 99 Od 9£4 S (� m / 3Z1vI 0 N d - s - rn � I Z ��d- W 44 4 a a �':�• �: III: _ _ atvasaatHl Ie-I ..� to 5 10 o $ A y r C) asn 'Y8 :a3 Od 991r 9a O)t a3HJI Y))- N'I'1 ILU OPPOSE MINNOW WOW_..`. LU LU w�its 96.28 ��� ■ \ARK ' SMITH ■��T Y ow AAA MOD 1 f DESIGNED : ..... ► � ��- •III .�:. � ::. .. • • . .:. • . wl�dq s� 040026622 cv THIS DEED, made and dated this ZQ day of December, 2004, by and between. JUSTICE ROY RUSSELL, JR., MINNIE K. NESSELRODT, and BONNIE G. KNUPP, Cc -Executors of he Estate of June H. Russell, parties of the first part, hereinafter referred to as Grantors, and RUSSELL 150. LC, a Virginia limited liability company, party of the second part, hereinafter referred to as Grantee. WHEREAS, the hereinafter described property was conveyed to J. Roy Russell and June H. Russell, husband and wife, as more particularly described in the legal descriptions hereinafter set forth; and WHEREAS, J. Roy Russell died on the 18`h day of October, 1993, survived by June H. Russell. June H. Russell died in August, 2001, testate, and by her Last Will and Testament, probated in the Circuit Court of Frederick County, Virginia, under Will File 01-153, empowered her Executors hereinabove named, to sell the subject property under paragraph Fourth of said Will dated January 13, 2000 and probated on August 9, 2001; and NOW, THEREFORE, WITNESSETH: That in consideration of the 'sum of Ten Dollars ($10.00) and other good and valuable consideration paid the Grantors by the Grantee on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant and convey with (Special Warranty of title unto the Grantee, the following described real estate, together with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record ;affecting such realty: All of those three tracts or parcels of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described as follows: l 4 -4 -.-1 d, J 11' • 0 CD rn GJ TRACT 1: All that certain tract or parcel of land containing 29.657 acres as shown on the plat of survey drawn by Michael M. Artz, L.S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 900, at Page 115, et seq., and by this reference made a part hereof as if set out in full; and being a portion of the same property conveyed to J. Roy Russell and June H. Russell, jointly, with right of survivorship, by Deed dated March 20, 1954 from Sally V. Funkhouser, widow, of record in the aforesaid Clerk's Office in Deed Book 231, at page 70, and a small portion conveyed by Deed dated March 26, 1954 from John P. Allen, et al, of record in the aforesaid Clerk's Office in Deed Book 231, at Page 74. TAX MAP NO..: 64-A-10 TRACT 2: All--thZO certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 0.309 acres, and shown on plat of survey drawn by Michael M. Artz, L.S., dated February 13, 1998; and being the same land conveyed to J. Roy Russell and June H. Russell, his wife, as tenants by the entirety with common law right of survivorship, by deed dated June 22, 1966 from Marvin D. Weaver, et ux, and recorded in the aforesaid Clerk's Office in Deed Book 323, at Page 284. TAX MAP NO.: 63-A-150 TRACT 3: All that certain tract or parcel of land, lying and being situate in Shawnee Magisterial, Frederick County, Virginia, containing 120.384 acres, and described on plat of survey drawn by Michael M. Artz, L.S., dated February 13, 1998; and being the remaining land conveyed to J. Roy Russell and June H. Russell, his wife, as tenants by the entirety with common law right of survivorship, by Deed dated March 26, 1954 from John P. Allen, et al, Special Commissioners, of record in the aforesaid Clerk's Office in Deed Book 231, at Page 74. TAX MAP NO.(: 64-A-12 WITNESS the fallb ing signatures and seals: ESTATE OF JUNE H. RUSSELL BY: (SEAL) USTICE nolUSSELL, ., Co-Executo,�/ BY: y . � ) . fiZ (SEAL) MINNIE K. NESSELRODT, Co -Executor BY: ' ,r.�, (jZj [/ K lil.(1L�L _(SEAL) BONNIE G. KNUPP, Co -Executor CQ STATE OF VIRGINIA, At -Large C3� CITY/£ Y OF f>�n� �5 -f To -wit; �.tt "r he foregoing document was acknowledged before me this �. day of d , 2004, by JUSTICE ROY RUSSELL, JR. , Co - Executor of the Estate of June H. Russell. � � r My Commission expires 04. �•., � Y P � ..•' � ICJ- �!� �"4", I mLXOXARY PUBLIC STATE OF VIRGINIA, At -Large „F.;,TY/991R �i OF L,Ort[J.tSTD To -wit: the foregoing document was acknowledged before me this d'ay of 2004, by MINNIE K. NESSELRODT, Co - Executor of the Estate of June H. Russell. r My Commission expires L Will", Y PUBLIC STATE OF VIRGINIA, At -Large a,.a CITY/mil OF To -wit: The foregoing document was acknowledged before me this "�. -/ clay of c ,�/, 2004, by BONNIE G. KNUPP, Co -Executor of 1 the•Estate of June H. Russell. 1 �y Commission expires �d _ 1,•fG J� I TII111 '",, N Y PUBLIC f RuYs811150Deed.wpd 11/30/04-R7H/KNU?? NOTES: 1. 9O0Na4J?Y SHOWN HEREON WAS DETERMINED 9Y A FIELD RUN SURVEY PERFORMED W EBERT do ASSOCIATES ON FEBRUARY 13, 1998. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. NO RIGHTS -OF -WAYS OR EASEMENT'S ARE SHOWN. SEE THE FOLLOWING DEEDS FOR REFERENCE TO EASEMENTS ON THE RUSSELL PROPERTY: DB 238, PG 223; D8 786, PG 1722; DB 840, PG 1539; OB 842, PG 1485 5. SEE CONSOLIDATION SURVEY OF THE 29.657 ACRE TRACT FOR / MORE DETAIL. REBAR (FOUND) UNLESS OTHERWISE INDICATED' - AO NT / CONCRETE= .(FOUND) CONCRETE MONUMENT (FOUND) FENCE POST ' AT 3.68' 64-A-123A FESTER HARLEY-DAVIDSON, INC. 556/291 IRON PIPE (FOUND) , 29-657 AC. 64-A-10 i DB 231, PG�70 A-9A s►,r 1 JASBO, INC, & FRED L_ 6LAIZE III 736/86 ` CALVARY CHURCH OF IRON PIPE THE BRETHREN (FOUND) 648-A-73, 80 328/681 FENCE \ POST \ IRON PIPE REBAR (FOUND) (ET) ,1 485/4b4 COPPER PIPE _ 1 64-A-11 ARTHUR A. a JUANITA 5. BELT 720/255 0.309 AC. 63-A-150 DB 323, PG 284 120.384 AC. 64—A-12;' DB 231, PG' 74 ftp > WiICKEL V. APM ND 1931 4-��g ir `4-p- t �: SURVEY OF THE �T REMAiNIN6 LANDS of DUNE H. RUSSELL SHAN?JEE DISTRICT, FREDERICK COUNTY, VM6IMA SCALE: 1' _ 400' DATE: FEBRUARY FEBRUARY 13,1998 0.309 AAC bB 3233�P2� M 6�3-A 1150 ' f �648-4-E KIRBY L' JR. A LOUISE R. HEfR 319/15 FUNKHOUSER ADDITION aT 3 J 0 T 5' IRON PIPE i� (FOUND) Lro L1 7� -L18�L19 FENCE POST METAL •n FENCE -cj POsT1) �j `% REBAR (SET) I I 64C-A-12 COMMONWEALTH OF VIRGINIA 875/670 64-A-14 64-A-18 ARTHUR A. POLING, JR. MANFRED G, 348/289 KOKORSKY 468/350 PROJECT 1985024 • 6 0 LINES UNE BEARING DISTANCE L1 N 82'28'09" W 150.14' L2 N 82' 14'30' W 1005.35' L3 N 32'24'30' W 1985.02' L4 N 33'47'44" E 761.52' L5 N 68'46'08" E 145.10' L6 N 71'22'29" E 157.47' L7 N 67-32'50" E 1235.07' L8 I S 46' 1 1'25" E 688.82' L9 S 13'53'08" W 332.70' L10 S 76'01'55" E 470.95' L11 N 78'27'51" W 26.96' L12 S 41'05'09" W 64.04' L13 S 13'39'31" W 112.92' L14 S 67*45'46" W 51.18' L15 S 26*00'14' W 96.73' L16 S 55' 10'59" W 176.36' L17 S 52' 14'53 E 20.21' L18 N 57* 15' 18" E 45.62' 1-19 S 52'21'52" E 60.25' LINE BEARING DISTANCE L20 N 86' 12 01 " E 150.90' L21 S 10*02'08" E 79.44' L22 S 23'28'32" W 287.33' L23 S 08'14'33" W 428,07' L24 N 08'37'04" E 192.09' L25 N 40'46'50" W 184.40' L26 N 33'44'43" E 1174.87' L27 N 52'58' 10" E 773.02' L28 S 39' 59' 46" E 600.62' L29 S 35'57'32" E 272.65' L30 S 43'20'25" W 497.94' L31 N 46'23 52" W 107.60' L32 S 42'58'23" W 199.82' L33 S 46'11'25" E 1.42' L34 N 08'37'04" E 5.60' L35 S 13'38' 11 " W 1 154.61' .�v CURVE RADIUS ARC CHORD BEARING CHORD Cl 5674.58' 174.64' S 14'31'10" W 174.63' C2 6161.16' 277.02' S 1 T51'29' W 276.99' C3 3169.87' 417.88' S 15'21'45' W 417.58' COURSE SHEET of the SURVEY of the REMAINING LANDS of DUNE H. RUSSELL PROJECT moo:, lbert and Associates An A. Ar1w7 H�wkine Am-"&&". UA. Comp�al INe V� � R 01M~ 36 IL �J�11 simu MEMO A Ml ZMI-4740 TEL 540-W-3m FAX S/O-07-91E! Mu FREE 1-000--736-73M WCHAEZ M. ARTZ NO. 11951 <1� • 0 VIRGIMA: FREDERICK COUNTY, SCT. Mu5 v=vmwt of writing was produced to me on P1dAPA and with certifiatc of ac owledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of SiJ S and 58.1-801 have been paid. if assessable 4ew 4,14--v , G"k Date: 2/18/05 ITT COUNTY OF FREDERICK Time: 09:00:00 EMMMO = LAURA J. TURNER Trans. Type: PAY Dept/Bill#: HHHH2H619 Cust.Transactions: RE2004 00245460001 Name: NESSELRODT. MINNIE K ET ALS P/I Date: 2/18/2005 2/18/2005 Name 2: Bill Date: 6/06/20H4 Half . Address: Map#: 64 A 10 361 BUFFLTCK RD MMMMMDDSSLLLLS 1^1INCHESTFR VA Zip: 22602 - 4548 Acreage: 29.97 Dist/Cls 04 / 01 Mortg.Co.: Desc: 29.97 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Original Land: Bill: $299,700 $27.27 Improve: Credits: $0 Use: $7,471 $27.27 Penalty Paid: $.00 Int Paid: Discount: $.00 $.00 Last Date: 6/07/2004 Amount Total Owed: Owed: $.00 $.00 Other: $.00 Setoff Claim #: 00000000 Prin. being Paid: Penalty: Aging: $.00 Interest: $_00 Penalty being Paid: Interest Dpt/Act ode being Paid: Total Amount Paid: Promise to Pay Date: F1=Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu • Date: 2/18/05 COUNTY OF FREDERICK Time: 09:00:04 LAURA J. TURNER . 000020619 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2004 00245460002 P/I Date: 2/18/2005 2/18/2005 Name: NESSELRODT. MINNIE K ET ALS Bill Date: 12/06/2004 Half: Name 2: �. Address: Map#• 64 A 10 361 BUFFLICK RD WINCHESTER. VA Zip: 22602 - 4548 Desc: 29.97 ACRES Land: $299,700 Original Bill: $27.27 Penalty Paid: $.00 Amount Owed: $.00 Total Owed: $.00 Prin. being Paid: Penalty being Paid: Total Amount Paid: MMMMMDDSSLLLLS Acreage: 29.97 Dist/Cls 04 / 02 Mortg.Co.: SSN: 000 - 00 - 0000 000 - iio - 0000 Status: _ Improve: $0 Credits: $27.27 Int Paid: $.00 Other: $.00 Penalty: $.00 Aging: Interest being Paid: Promise to Pay Date: Use: $7,471 Discount: $.00 Last Date: 11/23/2004 Setoff Claim #: 00000000 Interest: $.00 Dpt/Act ode F1=Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu Date: 2/18/05 COUNTY OF FREDERICK Time: 09:00:27 LAURA J. TURNER 000020621 Cust.Transact tons: Trans. Type: PAY Dept/Bill#: RE2004 00245470002 P/I Date: 2/18/2005 2/18/2005 Name: NESSELRODT, MINNIE K ET ALS Bill Date: 12/06/2004 Half: 2 Name 2: Address: Map#: 361 BUFFLICK RD WINCHESTER, VA Zip: 22602 - 4548 Desc: 120.31 ACRES Land: $742,900 Original Bill: $467.34 Penalty Paid: $.00 Amount Owed: $.00 Total Owed: $.00 Prin. being Paid: Penalty being Paid: Total Amount Paid: F1=Amt Tender Acreage: 120.31 Dist/ Mortg.Co.: SSN : 000 - 00 - 0000 00 - 00 - 0000 Status: _ Improve: $74,700 Credits: $467.34 Int Paid: $.00 Other: $.00 Penalty: $.00 Aging: Interest being Paid: Promise to Pay Date: F2=Next Ticket F3=Exit 64 A 12 MMMMMDDSSLLLLS Cls 04 / 02 Use: $53,338 Discount: $.00 Last Date: 11/23/2004 Setoff Claim #: 00000000 Interest: $.00 % Dpt/Act ode F10=Funct Menu Date: 2/18/05 COUNTY OF FREDERICK Time: 09:00:23 LAURA J. TURNER . 000020621 Cust.Transactions: • Trans. Type: PAY Dept/Bill#: RE2004 00245470001 P/I Date: 2/18/2005 2/18/2005 Name: NESSELRODT, MINNIE K ET ALS Bill Date: 6/06/2004 Half: 1 Name 2: Address: Ma-#: 64 A 12 361 BUFFLICK RD WINCHESTER. VA Zip: 22602 - 4548 Desc: 120.31 ACRES Land: $742,900 Original Bill: $467.34 Penalty Paid: $.00 Amount Owed: $.00 Total Owed: $.00 Prin. being Paid: Penalty being Paid: Total Amount Paid: MMMMMDDSSLLLLS Acreage: 120.31 Dist/Cls 04 / 01 Mortg.Co.: SSN: 000 - 00 - 0000 0000 - 00 - 0000 Status: Improve: $74,700 Credits: $467.34 Int Paid: $.00 Other: $.00 Penalty: $.00 Aging: Interest being Paid: Promise to Pay Date: Use: $53,338 Discount: $.00 Last Date: 6/07/2004 Setoff Claim #: 00000000 Interest: $.00 Dpt/Act ode F1=Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu Date: 2/18/05 '-•MW- COUNTY OF FREDERICK Time: 09:00:00 LAURA J. TURNER WTIMMMMMM 000020619 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2004 00245460001 P/I Date: 2/18/2005 2/18/2005 Name: NESSELRODT_, MINNIE K ET ALS Bill Date: 6/06/2004 Half: 1 Name 2: — Address: Map#: 64 A 10 361 BUFFLICK RD MMMMMDDSSLLLLS WINCHESTER. VA Acreage: 29.97 Dist/Cls 04 / 01 Zip: 22602 - 4548 Mortg.Co.: Desc: 29.97 ACRES SSN• 000 - 00 - 0000 000 - 00 - 0000 Land: $299,700 Original Bill: $27.27 Penalty Paid: $.00 Amount Owed: $.00 Total Owed: $.00 Prin. being Paid: Penalty being Paid: Total Amount Paid: Status: _ Improve: $0 Credits: $27.27 Int Paid: $.00 Other: $.00 Penalty: $.00 Aging: Interest being Paid: Promise to Pay Date: F1=Amt Tender F2=Next Ticket F3=Exit Use: $7,471 • Discount: $,00 Last Date: 6/07/2004 Setoff Claim #: 00000000 Interest: $.00 Dpt/Act ode F10=Funct Menu Date: 2/18/05 - COUNTY OF FREDERICK Time: 09:00:04 LAURA J. TURNER 000020619 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2004 00245460002 P/I Date: 2/18/2005 2/18/2005 Name: NESSELRODT, MINNIE K ET ALSBill Date: 12/06/2004 Half: 2 Name 2: Address: Map#: 64 A 10 361 BUFFLICK RD MMMMMDDSSLLLLS WINCHESTER, VA Acreage: 29.97 Dist/Cls 04 / 02 Zip: 22602 - 4548 Mortg.Co.: Desc: 29.97 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Land: $299,700 Original Bill: $27.27 Penalty Paid: $.00 Amount Owed: $.00 Total Owed: $.00 Prin. being Paid: Penalty being Paid: Total Amount Paid: Improve: $0 Credits: $27.27 Int Paid: $.00 Other: $.00 Penalty: $.00 Aging: Interest being Paid: Promise to Pay Date: Use: $7,471 Discount: $.00 Last Date: 11/23/2004 Setoff Claim #: 00000000 Interest: $.00 Dpt/Act ode F1=Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu • Date: 2/18/05 COUNTY OF FREDERICK Time: 09:00:27 MMMMM LAURA J. TURNER 000020621 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2004 00245470002 P/I Date: 2/18/2005 2/18/2005 Name: NESSELRODT. MINNIE K ET ALS Bill Date: 12/06/2004 Half: 2 Name 2: Address: Map#: 64 A 12 361 BUFFLICK RD WINCHESTER. VA Acreage: Zip: 22602 - 4548 Mortg.Co.: Desc: 120.31 ACRES SSN: Land: $742,900 Original Bill: $467.34 Penalty Paid: $.00 Amount Owed: $.00 Total Owed: $.00 Prin. being Paid: Penalty being Paid: Total Amount Paid: MMMMMDDSSLLLLS 120.31 Dist/Cls 04 / 02 Status: _ Improve: $74,700 Credits: $467.34 Int Paid: $.00 Other: $.00 Penalty: $.00 Aging: Interest being Paid: Promise to Pay Date: F1=Amt Tender F2=Next Ticket F3=Exit Use: $53,338 Discount: $.00 Last Date: 11/23/2004 Setoff Claim #: 00000000 Interest: $.00 Dpt/Act cde F10=Funct Menu Date: 2/18/05 ON M WWTT-COUNTY OF FREDERICK Time: 09:00:23 LAURA J. TURNER 000020621 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2004 00245470001 P/I Date: 2/18/2005 2/18/2005 Name: NESSELRODT, MINNIE K ET ALS Bill Date: 6/06/2004 Half: 1 Name 2: Address: Map#: 64 A 12 361 BUFFLICK RD MMMMMDDSSLLLLS WINCHESTER, VA Acreage: 120.31 Dist/Cls 04 / 01 Zip: 22602 - 4548 Mortg.Co.: Desc: 120.31 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Land: $742,900 Original Bill: $467.34 Penalty Paid: $.00 Amount Owed: $.00 Total Owed: $.00 Prin. being Paid: Penalty being Paid: Total Amount Paid: Status: _ Improve: $74,700 Credits: $467.34 Int Paid: $.00 Other: $.00 Penalty: $.00 Aging: Interest being Paid: Promise to Pay Date: F1=Amt Tender F2=Next Ticket F3=Exit Use: $53,338 Discount: $.00 Last Date: 6/07/2004 Setoff Claim #: 00000000 Interest: $.00 Dpt/Act ode F10=Funct Menu r_ 0 2 8 a _ �p6 ar"oaet r'r+'" COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER September 26, 2005 Mr. Jason G. Bly, L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Fred L. Glaize, Jr., Residual Trust & Campfield, L.L.C. Route 1372, Premier Place (off Route 522, Front Royal Pike) Russell 150 — Glaize Parcel Frederick County Dear Jason: A VDOT review has been completed on the final plat dated September 13, 2005, for the referenced project. The plat appears to reflect the information shown on the approved project plans and is therefore approved by this letter. The application for subdivision of this property appears to have a measurable impact on Route 1372, Premier Place, the VDOT facility which would provide access to the property. This section of street is currently not in the State's Secondary Road System. All entrance design and drainage features must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. We are returning six (6) signed copies of the plat to your office, one copy is being retained for our work file. Please provide one copy of the plat of dedication fully signed and recorded at the appropriate County Clerk's Office prior to the issuance of any land use permit from VDOT. If there are any questions, please feel free to call. Sincerely, Barry J. Swei� V;'r a adVt%ae For: Lloyd A. Ingram, Transportation t" ' BJS/rz Enclosures xc: Mr. Robert D. Hawkins Mr. Mark Cheran VirginiaDOT org WE KEEP VIRGINIA MOVING �— R/O COPY RIGHT OF AY DEDICATION PLAT OF A PORTION OF THE LAND OF FRED L. GLAIZE, JR. RESIDUAL TRUST AND CAMPFIELD LLC SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SEPTEMBER 13, 2005 INTERSTATE E1 WIND o� Sl TE HU LN IER PL �-3 MAP �� o OWNER'S CERTIFICATE THE ABOVE AND FOREGOING RIGHT OF WAY DEDICATION OF A PORTION OF THE LAND OF FRED L. GLAIZE, JR. RESIDUAL TRUST AND CAMPFIELD LLC, AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND /N ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. FRED L. GLAIZE, JR. RESIDUAL CAMPRELD LLC TRUST BY BY. STATE OF STATE OF CITY/COUNTY OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY ACKNOWLEDGED BEFORE ME TH/S DAY OF , 2005 BY OF , 2005 BY ON BEHALF OF FRED L. GLAIZE, ✓R. RESIDUAL ON BEHALF OF CAMPF/ELD, L.L.C. TRUST. MY COMMISSION EXPIRES MY COMMISSION EXPIRES NOTARY PUBLIC NOTARY PUBLIC PARENT T-,4X PARCa ID NT/FICATION T.M. 64—A-9 12.7081 ACRES± ZONE. M 1 USE. VACANT SURVEYORS CERTIFICATE I HEREBY CER77FY THAT THE LAND CONTAINED /N THIS RIGHT OF WAY DEDICATION IS A PORT/ON OF THE LAND CONVEYED TO FRED L. GLAIZE, JR. RESIDUAL TRUST AND CAMPF/ELD LLC BY DEED DATED NOVEMBER 1, 2004 OF RECORD /N THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE IN INSTRUMENT NO. 040022471. APPRO S: 4- - P, A, TH OF `f� V/RG/ A EP RTMENT OF SPORTAT/ON DATES G'r � a FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE SON G. BLY No. 2619 GREENWAY ENGINEERING 11) 3�0� 151 Windy Hill LaneEngineers �4 Surveyors Winchester, Virginia 22602 Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in I971 www.greenwayeng.com 3701 SHEET 1 OF 2 INTERSTA TE 81 \ TM 64—A-5 \ELKS CLUB OF ' DETAIL �WINCHESTER, INC. ` ZONE.- B2 AREA � USE.• COMM. TM 64—A—)0 RUSSELL 150, LC ' \ i \I ZONE. RA USE. VACANT TM 64—A-9 FRED L. TM 646—A-73 / GLAIZE, JR. CALVARY CHURCH OF THE BRETHERN RESIDUAL ZONE. RP TRUST AND USE. CHURCH CAMPFIELD LLC ZONE. M 1 PREMIER PLACE USE. VACANT TM E KDG, LC DG, LC \\ ZONE. B2 USE. BUS TM 64—A-8 1ENNIS E. LEE do BONITA D. LEE ZONE. MH1 USE. RES'. SCALE 1 '=400' AREA TABULATION T.M. 64—A-9 (ORIGINAL) = 12.7081 ACRES LESS DEDICATION =—0.0095 ACRES RESIDUE OF T.M. 64 A-9 = 12.6986 ACRES (BY SUBTRACTION) 1 01 0.0095 ACRES (413 S.F.) b HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGIN14 FOR FUTURE ROAD PURPOSES. ITAADJUSTED X PARCEL 64-A -9 FRED L. It GLAZE, JR. `e RESIDUAL o TRUST AND CAMPFIELD L L C 0`O 12.6986 ACRES/ J- h tiI 0 /11 1I v /11`L ^' oy S66.56 36 E 16.98' i T.M. 64—A-10 RUSSELL 150, LC INSTR. /040026622 CURRENT ZONE.- RA USE. VACANT NOTES / 1. THE BOUNDARY INFORMATION SHOWN HEREON ' HAS BEEN PREPARED FROM AVAILABLE RECORDS 30 0 30 AND DOES NOT PURPORT TO BE A BOUNDARY SURVEY OF THE LAND SHOWN HEREON. GRAPHIC SCALE 2• NO TITLE REPORT FURNISHED, THEREFORE, (IN FEET) EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. RIGHT OF WAY DEDICATION PLAT OF A PORTION OF THE LAND OF /ovm FRED L. GLA/ZE, JR. RESIDUAL TRUST AND CAMPF/ELD LLC SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1"=30' DATE: SEPTEMBER 13, 2005 GREENWAY ENGINEERING -�O— 151 Bendy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com a� Imo x ASON G. BLY No. 2619 3701 SHEET 2 OF 2 0 • /t\ GREENWAY ENGINEERING "%47 151 Windy Hill Lanc Founded in 191-1 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Russell 150, LC Final Proffer Statement File No: 3701 Date September 30, 2005 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ❑ For Your Review ® As You Requested ❑ Please Comment Message: ; Hi Mike, Please find attached the final proffer statement and GDP for the Russell 150, LC rezoning Application that has been revised to reflect the Board of Supervisors' approval of the proffer statement with the new 40 residential dwelling unit building permit phase plan. Please advise me when the approval letter for this project is available and we will pick it up. Thank you for your assistance! Evan Hand Delivery and Pick Ups Only: Received By: Date: June 22, 2005 Mr. Christopher M. Mohn Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Russell - Glendobbin Property Rezoning Frederick County, Virginia Dear Chris: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed rezoning and offer the following comments: Refer to page 3 of 6, C. - Site Suitability: The discussion indicates that "the site does not contain conditions that would preclude or substantially hinder development activities". As you may or may not know, the proposed rezoning site is located within a karst area of Frederick County. The karst areas surrounding this site are characterized by linear rock outcrops and isolated sinkholes. Efforts should be made to evaluate the onsite conditions to determine if sinkholes or solutioning could impact the onsite development of a small lot subdivision. The results should be included in the Environmental Features table shown on page 4 of 6. 2. Refer to page 5 of 6 - Site Drainage: The discussion indicates that "site drainage collects and leaves the site to the south as it drains to Red Bud Run". The site drainage does eventually flow to Red Bud Run. However, based on the available topographic survey information, it appears that the runoff leaves the proposed rezoning site in three (3) distinct directions: east, west and north. This multi -directional flow will make stormwater management a real challenge. We applaud the applicants' offer to implement BMP facilities (Proffer 10.1) to control, not only, the magnitude of the flows, but also, the quality of the runoff. These facilities should be highlighted on the Master- Development Plan. In addition, off -site drainage easements may be required in situations where point source discharges are created on or near the property limits. The covenants created for the proposed subdivision shall include requirements for the operation and maintenance of the BMP facilities. Copies of these requirements shall be submitted with the subdivision design. 107 North Kent Street • Winchester, Virginia 22601-5000 Russell-Glendobbin Rezoning Page 2 June 22, 2005 3. Refer to page 5 of 6 - Solid Waste Disposal Facilities: The discussion indicates that solid waste will be collected at citizens' convenience/dumpster facilities or via private carrier(s) contracted by neighborhood residents. The closest existing citizen convenience site located in Clearbrook is experiencing traffic congestion and an increase in waste generated by new development. Consequently, we are recommending that all new residential developments employ private haulers to provide curbside trash pickup. This requirement shall be included in the homeowners' covenants. This requirement will serve to offset the need to provide a suitable convenience site on the proposed subdivision property. This latter alternative will require the applicant to dedicate approximately one (1) acre to serve as a convenience site operated by Frederick County. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, 4- C. �� Harvey E. trawsnyder, Jr., P.E. Director of Public Works HES/rls / cc: Planning and Development V file A:lrussell-glendobbinrezcom.wpd 0 f GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Russell 150 Rezoning File No: 3701 Date September 21, 2005 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ® Urgent ❑ For Your Review ❑ As You Requested ❑ Please Comment Message: Hi Mike, Please find attached the new Proffer Statement that was revised to incorporate the information from our meeting this morning and has been signed and notarized by the owner. I have also attached the zoning boundary exhibit that we discussed, as well as 25 color copies of the GDP that reflects the revisions we discussed during our meeting. Please advise me if you need any additional information for the September 28, 2005 Board of Supervisors meeting and I will forward it immediately. Thank you for your assistance with this project! Evan Hand Delivery and Pick Ups Only: Received By: Date: • • tt\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Four.+w:i in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Russell 150 Rezoning File No: 3701 Date —April 5, 2005 APR " S M To: FC Planning From: Ivan Wyatt/dlm Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ❑ As You Requested ❑ Please Comment Message: Mike. Attached are 26 copies each of the following:. -Generalized Development Plan -Soils Man -Location and existing Zoning Map The signed/notarized revised Proffers are also included. Sorry for the time delay. Thank you for your assistance. Call with any questions or need for additional informaiton. Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com 0 0 f*t7\ GREENWAY ENGINEERING k447 151 Windy Hill Lane sounded in 197I Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Rezoning Plat Exhibits File No: 3485; 3701; & 3924 Date April 1, 2005 To: FC Planning Attn: Mike Ruddy Copied From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ® As You Requested ❑ Please Comment Message: Hi Mike, Please find attached the requested Rezoning Plat Exhibits for the following applications: ➢ North Stephenson, Inc. ➢ Russell150 ➢ Senseny Village Please advise me if you need any additional information pertaining to these applications and 1 will provide it to you ASAP. Thank you! Evan Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 9, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28-acres +/-; Tax Parcels #64-((A))-10 & 64-((A))-12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant.") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters October 22, 2004 February 9, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 150.28-acres from the Rural Areas (RA) District to 96.28-acres of Business General (132) District and 54.0-acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File 1f3701BAW/ajc Greenway Engineering 0 October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 9, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The Generalized Development Plan identifies the 96.28-acres Business General (B2) District land bay and the 54.0-acres Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the applicable portion of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout. Accommodations for a bicycle route shall be included in the construction of this roadway. C. Airport Road Extended The applicant hereby proffers to develop the applicable portion of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right-of-way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with. Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as File #3701/EAW/ajc 2 Greemvay Engineering October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004 Revised February 9, 2005 warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout. D. East Tevis Street Flyover The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate-81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate-8 1 /East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the applicable portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). G. Inter -parcel Connection The applicant hereby proffers to provide an inter -parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64-((A))-18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter -parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress/egress point will be created at Front Royal Pike (Route 522). If such temporary ingress/egress must be established, it is to be closed once the inter -parcel connection can be utilized. File 113701/EAW/aje 3 Greenway Engineering October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004 Revised February 9, 2005 H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan, as well as connect this system with the City of Winchester. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right-of-way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes/trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54-acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: 1. Single-family detached rural traditional subdivision option 2. Single-family detached traditional subdivision option 3. Garden apartment multi -family housing option B. Phasing The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy-five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments over a minirnum of eighty percent (80%) of the exterior wall surface, exclusive of glazing and roofing. File #3701/EAW/aje 4 Greemvay Engineering 0 October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 9, 2005 IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. V. Signatures tures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. File #370l/EAW/aje 5 Greenway Engineering Respectfully Submitted: October 22, 2004 Revised October 27, 2004 Revised February 9, 2005 Denver E. Quinnelly, Manager Russell 150, LC Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires By: Lenoir City Company, Manager Russell 150, LC Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires • Russell 150 Rezoning Date To Wit: day of Notary Public To Wit: day of Notary Public Date File #3701/EAW/ajc • I Greenway Engineering • By: October 22, 2004 Revised October 27, 2004 Revised February 9, 2005 Mark D. Smith, Manager Russell 150, LC Commonwealth of Virginia, City/County of • To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Russell 150 Rezoning Date Notary Public File #3701/EAW/ajc •..,+u.�.....m... "°"""'+ Hu VA 'A.LNnO3 NJIN3038S , w 88 10IiJJS10 'IYIN31SIJrN 33NYYHS moxs ..nn. ,�.w�a • 3 R ' m il3ssmi L w^ "' NV1d 1N3WdO13A3a a3211VH3N3J 's ` I ONIU33NIJN3 AYMN33HO "�`� k K _ U ,fit, i r�^-'� �_• /r.. �l QO � C, � 25 Li �qCD j of , IJ o0 o ' �-•." �� I ter/ i �� � I q Mo C a ti uL. tD xaLLLtL ocrza wzIL 06 • March 7, 2005 Mr. Eric Lawrence, Director FC Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Dear Eric, --- -I-- r 2-- MAR 7 As I spoke briefly to you the other night prior to our Planning Commission meeting, I would like additional information regarding the CDA, The Russell 150 Rezoning, and the Urban Development Area trends and identified design issues which would be considered during the comprehensive study of the UDA. As I stated to you, my confusion of the CDA is based on the map which was in Saturday, February 19 Edition of the Star. This was the same map that Greenway Engineering presented at the Historic Resources Advisory Board for a review of the Russell 150 Rezoning proposal. If you recall at our February 16 PC meeting, I stated HRAB's eight recommendations regarding this proposal. I had a meeting on Monday, February 28 with Denver Quinnelly in regard to the CDA, and there were several positive aspects of his proposal, however at the conclusion of his remarks, where he had given me the time frame and names of key people in both Winchester & Frederick County who were interested, he couldn't answer my next question. "How does the CDA, which also depends on the rezoning of the Russell 150, fit into FC"s recently planned comprehensive study of the UDA?" Since the Rural Land Use Plan has not been resolved, and the CPPS has just started the Urban Land Use Plan with its many problems and challenges, does the formation of the CDA and the rezoning of Russell 150 at this time help with the solution or does it add to the problem? I appreciate your time in regard to this matter, and would be grateful for a reply at your earliest convenience. Sincerely yours, fla�� �I Patricia W. Gochenour, Commissioner cc: Board of Supervisors Planning Commission John Riley, County Administrator • E GREENWAY ENGINEERING %%47 151 Windy Hill Lane Founded in I971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Russell 150 Rezoning File No: 3701 Date February 18, 2005 To: City og Winchester From: Andy Conlon Planning Attn: Tim Youmans GREENWAY ENGINEERING Phone: 540-662-4185 Copied file Fax: 540-722-9528 ❑ Urgent ® For Your Review ElAs You Requested ❑ Please Comment Message: Tim, Attached is the rezoning appl;ication package for the above referenced application. Included is the following: Rezonine Annlication Form. sinned 2. Impact Statement 3. Existing Zoning/Location map 4. Soils may 5. Generalized Development Plan 6. Traffic Impact Analvsis brief 6. Proffers, signed Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com /J7\ GREENWAY ENGINEERINGN47- 1 8 151 Windy Hill Lane Winchester, Virginia 22602 T Founded in 1971 - — - T R A N S M I T T A L Project Name: File No: Date Russell 150 3701 February 17, 2005 To: FC Planning From: Andy Conlon Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied file Fax: 540-722-9528 ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment Message: Mike, Attached is the complete Plannning Commission Public Hearing_ package for the above referenced aDolication. A Dhotocopv set. an assembled example set. and the balance of of the color exhibits is included as follows: 1. Rezoning Application Form, signed (two sets) 2. Impact Statement (two sets) 3. Existing Zoning/Location map (44 copies) 4. Soils map (44 copies) 5. Generalized Development Plan (44 copies) 6. Traffic Impact Analysis brief (two sets) 6. Proffers, signed (two sets) 7. Review Agency Comments (two sets) 8. Deed. Survev. and Tax Statement (two sets) 9. Fee Check Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS Candice David Mark Susan Eric DATE & TIME -cam. 5.5C5-c- C- /S (:f> COMMENTS: " /JO a, V, 4 /0-0 f S "�a d-(so - v-a) S(G,N Received by Clerical Staff (Date & Time): 11 RUSSELL 1.A REZONING PHOTOCOPYING FES 1 8 7- FREDERICK COUNTY I PI ANNINC. & DEVELOPMENT COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 21, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 401-05 FOR RUSSELL 150, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 28, 2005, at 7:15 in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 401-05 for Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINS) 64-A-10 and 64-A-12. The property also fronts on the east side of Interstate 81. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Plamiing Department's Web Page at www.co.frederick.va.us. Sincerely, ✓Michael T. Ruddy 7 Deputy Plamling Director / MTR/ bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 40 This is to ertify that the attached correspondence was mailed to the following on -z-- 6 S` from the Department of Planning and Development, Frederick Count , Virginia: 64 - A- - 14- 64 -A- . 10• SHEPARD, MICHAEL S & CHERYL RUSSELL 150, LC 203 RICKETTS DR 179 GEORGE DR WINCHESTER, VA 22601 WINCHESTER, VA 22602.4619 1`1r. MarkD. Smith. P.E., L.S• 64B • 4- - 8- GODLOVE, MAXINE Greenway Engrnec.rin,; 635 FRONT ROYAL PIKE 151 Windy Hill Lang WINCHESTER, VA 22602.7323 Winchester, VA 22602. 64B - 4• 9-A 64 - A- - 18- STINE, HARRY M & ROSE 0 KOKORSKY, MANFRED G 119 ELMWOOD RD 124 LONGCROFT RD WINCHESTER,VA 22602.4406 WINCHESTER,VA 22602.4430 63 • A• - 123-A 64B - 4- - 25-J EFG INVESTMENTS, LLC MUDD, THOMAS S 179 FRONT DR 340 W PARKINS MILL RD WINCHESTER,VA 22602.4382 WINCHESTER,VA 22602 64 - A- - 10-A 64B - 4- - 26- CALVARY CHURCH OF THE BRETHREN COURTNEY, CHARLES A CIO EMORY G EBY 161 FRONT DR 578 FRONT ROYAL PIKE WINCHESTER, VA 22602.4382 WINCHESTER, VA 22602.7316 64 -A- . 11. BELT, ARTHUR A & JUANITA S-- 201 FRONT DR WINCHESTER,VA 22602.4383 % Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do he *y certir % that Michadd'T. Ruddy, Deputy Planning Director for the Department of Plaiulin an Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �-t_-day of My commission expires on / r• NOTARY P BLIC (o V6/� 64B - 4- - 30- LEWIS, ROSALIE GLASS 64C - A- - 2- EMBR6�SEPH & LYNNETTE L 604 TUDOR DR 687 FR ROYAL PIKE WINCHESTER,VA 22603 WINCHESTER,VA 22602.7323 64B - 4- - 32- 64C - A- - 4- RATCLiFF, JAMES A & CARRIE V BARNARD, E. DARLENE S. & CHARLES M 155 ROYAL AVE PO BOX 4585 WINCHESTER, VA 22602-7330 WINCHESTER,VA 22604.4585 64B - 4- - 34- 64C - A- - 7- KLEIN, CHARLES GEORGE & AMY JOAN WHITACRE, ELWOOD H SR 149 ROYAL AVE 721 FRONT ROYAL PIKE WINCHESTER,VA 22602.-7330 WINCHESTER,VA 22602.4420 64C - A- - 8- 64B - 4- - 36- COLLINS, W LEE & ANNA B KELLY, JOHN B JR & MARSHA J 749 FRONT ROYAL PIKE 137ROYAL AVE WINCHESTER, VA 22602.4420 WINCHESTER, VA 22602.7330 64C - A- - 9- 64B - 4- - 38. WINCHESTER OUTDOOR FAUVER, MICHAEL N 355 S POTOMAC ST 131 ROYAL AVE HAGERSTOWN, MD. 21740.6032 WINCHESTER, VA 22602-7330 64C -A- - 11- 64B - 4- - E- LUCAS, WILLIAM R & KRISTA K HEPNER, KIRBY L JR 831 FRONT ROYAL PIKE 182 FRONT DR WINCHESTER, VA 22602.4421 WINCHESTER, VA 22602-4326 64C -A- - 1- 64B - 4- - F- GRIM, MILTO"i E & MARTHA M SHANK, ROBERT L SR & PATRICIA A 673 FRONT ROYAL PIKE 185 FRONT DR WINCHESTER, VA 22602.7323 WINCHESTER, VA 22602.4382 64C - A- - 13- 64B - 4- - G- GIBSON, MONTIE W III CROSEN, TARA M 867 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 189 FRONT DR 64C - A- - 15- WINCHESTER, VA 22602.4382 JIMENEZ, ROLANDO 64B - 4- - 10-A JIMENEZ, AMANDA M MCFARLAND, CHARLES C SR & ELENER L 115-4 CASTLEBRIDGE CT & MCFARLAND, CHARLES C JR WINCHESTER, VA 22602 116 ROYAL AVE WINCHESTER, VA 22602.7331 Glaize Development, Inc. 64B - A- - 92- PO Box 888 WALKER, JIMMIE J & GENEVA B Winchester, VA 22604 667 FRONT ROYAL PIKE WINCHESTER,VA 22602.7323 Lucille W. Smith 64B A 4 91 YOUNG, PHILIP T & JUDY LYNN 320 Longview Ave. Winchester, VA 22601 655 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 Deborah P. Lake 64B - A- - 89- 448 Superior Ave. DOTSON, SCOTTIE D Winchester, VA 22601 651 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 City of Winchester 15 N. Cameron St., Ste. 303 Winchester, VA 22601 0 R !SO LA Adjoining Property Owners 0 TO: Barbara - Data Processing FROM: Bev - Planning Dept. Please pri t k--Lsets of labels by: TR4NKS111 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Church of the Brethren 578 Front Royal Pike Winchester, VA 22602 Property # 64-((A))-l0A Name Arthur A. & Juanita S. Belt 201 Front Drive Winchester, VA 22602 Property # 64-((A))-11 / ✓ Name Michael S. & Cheryl Shepard 179 George Drive Winchester, VA 22602 Property # 64-((A))-14 _ ✓ Name Maxine Godlove 635 Front Royal Pike Winchester, VA 22602 Property # 64B-((4))-8 v- ✓ ' Name Harry M. & Rose O. Stine 124 Longcroft Road Winchester, VA 22602 Property # 64B-((4))-9A ✓ Name Thomas Mudd 179 Front Drive Winchester, VA 22602 Property # 64B-((4))-25J ✓ Name Charles A. Courtney 161 Front Drive Winchester, VA 22602 Property # 64B-((4))-26, 27, 28, 29 / Name Rosalie Glass Lewis 604 Tudor Drive Winchester, VA 2-26ft2 t Property # 64B-((4))-30, 31 ✓ �. ' Name James A. & Carrie V. Ratcliff 155 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-32, 33 3 f1q&e:S 0 Name and Property Identification Number Address Name Charles G. & Amy J. Klein 149 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-34, 35 Z,,-' Name John B. Jr. & Marsha J. Kelly 137 Royal Avenue Winchester, VA 22602 Property #64B-((4))-36, 37 L/ / Name Michael N. & Connie R. Faurer 131 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-38, 39 V/�/ Name Kirby L. Hepner, Jr. 182 Front Drive Winchester, VA 22602 Property #64B-((4))-E "/',/ Name Robert L. Sr. & Patricia A. Shank 185 Front Drive Winchester, VA 22602 Property # 64B-((4))-F, H ✓ Name Tara M. Crosen 189 Front Drive Winchester, VA 22602 Property # 64B-((4))-G Name Charles C. Sr. & Eleanor L. McFarland 116 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-l0A ✓ Name Jimmie J. & Geneva B. Walker 667 Front Royal Pike Winchester, VA 22602 Property #64B-((A))-92 ✓ Name Philip T. & Judy Lynn Young 655 Front Royal Pike Winchester, VA 22602 Property #64B-((A))-4-91 Name Scottie D. Dotson 651 Front Royal Pike Winchester, VA 2261" Property #64B-((A))-89 `/ Name Milton E. & Martha M. Grim 673 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-1 Name Joseph & Lynnette L. Embree 687 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-2, 3 Name E. Darlene S. & Charles M. Banard-_1 .. P.O.Box 4585 Property #64C-((A))-4 Winchester, VA 22604 Name Elwood H. Whitacre, Sr. 721 Front Royal Pike Property #64C-((A))-7 ✓ ✓ Winchester, VA 22602 Name W. Lee & Anne B. Collins 749 Front Royal Pike Property #64C-((A))-8 ,/ Winchester, VA 22602 Name Winchester Outdoor 355 S. Potomac Street Hagerstown, MD 21740 / Property #64C-((A))-9 1 ✓ Name William R. & Krista K. Lucas 831 Front Royal Pike Property #64C-((A))-I I ✓ Winchester, VA 22602 Name Montie W. Gibson, III 867 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-13 �� Name Leonard James & Ingrid L. Greathouse 1207 Rowe Street Property #64C-((A))-15 ✓ New Tazewell, TN 37825 NAME GLAIZE DEVELOPMENT, INC. PO BOX 888 WINCHESTER, VA 22604 PROPERTY #292-02-2 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-32 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-33 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-34 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-46 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-47 Name Deborah P. Lake 448 Superior Avenue Winchester, VA 22601 Property #332-07-22 /'' Name City of Winchester Suite 303 15 N Cameron Street Winchester, VA 22601 Property #332-07-23 Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 www.avery.com 1-800-GO-AVER* 9 AVERY@ 51610 i 64 - A- - 12- RUSSELL 150, LC 203 RICKETTS DR WINCHESTER, VA 64 - A- - 12- RUSSELL 150, LC 203 RICKETTS DR WINCHESTER, VA 22601 041.1111 64 - A- - 10- RUSSELL 150, LC 203 RICKETTS DR WINCHESTER, VA 64 - A- - 12- RUSSELL 150, LC 203 RICKETTS DR WINCHESTER, VA 64 - A- - 12- RUSSELL 150, LC 203 RICKETTS DR WINCHESTER, VA 22601 22601 22601 64 - A- - 18- 64 - A- - 18- KOKORSKY, MANFRED G KOKORSKY, MANFRED G 119 ELMWOOD RD 119 ELMWOOD RD WINCHESTER, VA 22602.4406 WINCHESTER, VA 22602.4406 63 - A- - 123-A 63 - A- - 123-A EFG INVESTMENTS, LLC EFG INVESTMENTS, LLC 340 W PARKINS MILL RD 340 W PARKINS MILL RD WINCHESTER, VA 22602 WINCHESTER,VA 22602 64 - A- - 10-A 64 - A- - 10-A CALVARY CHURCH OF THE BRETHREN CALVARY CHURCH OF THE BRETHREN CIO EMORY G EBY CIO EMORY G EBY 578 FRONT ROYAL PIKE 578 FRONT ROYAL PIKE WINCHESTER, VA 22602.7316 WINCHESTER, VA 22602.7316 A1I3AV-O9-008-I. @L9L51.laege6 al zasimn ®L9Ls ®AU3AAf worAaaAe•AAAAAA ® opldea 96ey:)as a 19 96eaanog1lue uolssaidwl Jam and Smudge Free Printing Use Avery@ TEMPLATE 51610 www.avery.com 1-800-GO-AVID 9 AVERY@ 51610 64 -A- - 11- BELT, ARTHUR A & JUANITA S 201 FRONT DR WINCHESTER, VA 22602.4383 64 - A- - 14- SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER, VA 22602.4619 64B - 4- - 8- GODLOVE, MAXINE 635 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64B - 4- - 9-A STINE, HARRY M & ROSE 0 124 LONGCROFT RD WINCHESTER, VA 22602.4438 64B - 4- - 25-J MUDD, THOMAS S 179 FRONT DR WINCHESTER, VA 22602.4382 64 -A- - 11- BELT, ARTHUR A & JUANITA S 201 FRONT DR WINCHESTER, VA 22602.4383 64 - A- - 14- SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER, VA 22602.4619 64B - 4- - 8- GOOLOVE, MAXINE 635 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64B - 4- - 9-A STINE, HARRY M & ROSE 0 124 LONGCROFT RD WINCHESTER, VA 22602.4438 64B - 4- - 25-J MUDD, THOMAS S 179 FRONT OR WINCHESTER, VA 22602.4382 @Ms ®AU3Ad �9 A113Ad-09-008-L W 0:)-AAaAO'MMM oms wege6 al zasimn apldea 96ey:)as a le a6eaanogjjue uolssaadwI Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 www.avery.com 1-800-GO-AV F* 9 AVERYO 51610 64B - 4- - 26- COURTNEY, CHARLES A 161 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - 30- LEWIS, ROSALIE GLASS 604 TUDOR DR WINCHESTER, VA 64B - 4- - 26- COURTNEY, CHARLES A 161 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - 30- LEWIS, ROSALIE GLASS 604 TUDOR DR 22603 WINCHESTER,VA 22603 64B - 4- - 32- RATCLIFF, JAMES A & CARRIE V 155 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - 34- KLEIN, CHARLES GEORGE & AMY JOAN 149 ROYAL AVE WINCHESTER, VA 22602-7330 64B - 4- - 36- KELLY, JOHN B JR & MARSHA J 137 ROYAL AVE WINCHESTER, VA 22602.7330 AH3AV@Ms ®AU3AAf S UJOYAJ Ae- mAt. IUO�Y�,IaA�'MMM 64B - 4- - 32- RATCLIFF, JAMES A & CARRIE V 155 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - 34- KLEIN, CHARLES GEORGE & AMY JOAN 149 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - 36- KELLY, JOHN B JR & MARSHA J 137 ROYAL AVE WINCHESTER,VA 22602-7330 oms wege(5 al zosinin apldea afey:)as a jo afeaanog1l.ue uolssaiduat Jam and Smudge Free Printing Use Avery@ TEMPLATE 51610 • www.avery.com 1-800-GO-AV * 9 AVERV@ 51610 64B - 4- - 38- FAUVER, MICHAEL N 131 ROYAL AVE WINCHESTER, VA 64B - 4- - E- HEPNER, KIRBY L JR 182 FRONT DR WINCHESTER, VA 22602-7330 22602.4326 64B - 4- - F- SHANK, ROBERT L SR & PATRICIA A 185 FRONT OR WINCHESTER, VA 22602.4382 64B - 4- - G- CROSEN, TARA M 189 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - 38- FAUVER, MICHAEL N 131 ROYAL AVE WINCHESTER, VA 64B - 4- - E- HEPNER, KIRBY L JR 182 FRONT DR WINCHESTER, VA 22602.7330 22602.4326 64B - 4- - F- SHANK, ROBERT L SR & PATRICIA A 185 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - G- CROSEN, TARA M 189 FRONT OR WINCHESTER, VA 22602.4382 64B - 4- - 10-A 64B - 4- - 10-A MCFARLAND, CHARLES C SR & ELENER L MCFARLAND, CHARLES C SR & ELENER L & MCFARLAND, CHARLES C JR & MCFARLAND, CHARLES C JR 116 ROYAL AVE 116 ROYAL AVE WINCHESTER, VA 22602.7331 WINCHESTER, VA 22602.7331 A113AV-OD-008-L o ®L9LS jlaege6 al zosinn @L9LS ®AZ13ANf a u1OYAJOAe'MMM apldea o6ey:)as a 19 a6eaanogijue uolssaidwi Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 www.avery.com 1-800-GO-AVF� 9 AVERY0 51610 64B - A- - 92- WALKER, JIMMIE J & GENEVA B 667 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64B -A-4- 91- YOUNG, PHILIP T & JUDY LYNN 655 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64B - A- - 89- DOTSON, SCOTTIE D 651 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64B - A• 1 • � AU, BILLY a 1233 HANDLEY AlE WINCHES ER, VA 22601.3742 64B - A• - 1- AU, BILLY 1233 HANDLEY AVE WINCHESTER, VA 22601.3742 64C - A- - 2- EMBREE, JOSEPH & LYNNETTE L 687 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64B - A- - 92- WALKER, JIMMIE J & GENEVA B 667 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64B - A- 4. 91- YOUNG, PHILIP T & JUDY LYNN 655 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64B - A- - 89- DOTSON, SCOTTIE D 651 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64B - A- - 1. AU, BILLY 1233 HAN LEY AVE WI CHES ER, VA 22601.3742 64B - - 1- AU, BILL 1233 HANDLEY AVE WINCHESTER, VA 22601.3742 64C - A- - 2- EMBREE, JOSEPH & LYNNETTE L 687 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 il?J3A%F S AN3At/DAWArt 8-6 696 ®5 ® IAIOJ'/�.lal�e'MMM ®d96S }laege6 al zasinn ® apldea 90eN:)as a ja 96ea.mog1lue uolssaidwl Jam and Smudge Free Printing Use Avery@ TEMPLATE 51610 0 www.avery.com 1-800-GO-AV 9 AVERYO 51610 64C - A- - 4- BARNARD, E. DARLENE S. & CHARLES M PO BOX 4585 WINCHESTER, VA 22604-4585 64C - A- - 7- WHITACRE, ELWOOD H SR 721 FRONT ROYAL PIKE WINCHESTER, VA 22602.4420 64C - A- - 8- COLLINS, W LEE & ANNA B 749 FRONT ROYAL PIKE WINCHESTER, VA 22602.4420 64C - A- - 9- WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 64C - A- - 4- BARNARD, E. DARLENE S. & CHARLES M PO BOX 4585 WINCHESTER, VA 22604.4585 64C - A- - 7- WHITACRE, ELWOOD H SR 721 FRONT ROYAL PIKE WINCHESTER, VA 64C - A- - 8- COLLINS, W LEE & ANNA B 749 FRONT ROYAL PIKE WINCHESTER, VA 64C - A- - 9- WINCHESTER OUTDOOR 355 S POTOMAC ST 21740.6032 HAGERSTOWN, MD. 64C - A- - 11- LUCAS, WILLIAM R & KRISTA K 831 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 22602.4420 22602.4420 21740.6032 64C -A- - 11- LUCAS, WILLIAM R & KRISTA K 831 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 A113AV-09-008-L @Ms OAIMAV ® LUOT R)Ae'MMM ®696s 1laege6 al zoslllln apldea 96ey:)as a 19 of eaanogilue uolssaadwl Jam and Smudge Free Printing ® www.avery.com AVERY® 51610 Use Avery® TEMPLATE 5161@ 1-800-GO-AVERY 64C - A- - 13- 64C - A- - 13- GIBSON, MONTIE W III GIBSON, MONTIE W III 867 FRONT ROYAL PIKE 867 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 WINCHESTER, VA 22602.4421 64C - A- - 15- JIMENEZ, ROLANDO JIMENEZ, AMANDA M 115.4 CASTLEBRIDGE CT WINCHESTER, VA 22602 £ZEL-Z09ZZ VA'H31S3HONIM 3NId 1VAOa 1NOa3 EL9 W VH1aVW'83 N0111W'INIU9 -1 - -V - 3V9 64C - A- - 15- JIMENEZ, ROLANDO JIMENEZ, AMANDA M 115.4 CASTLEBRIDGE CT WINCHESTER, VA 22602 EZEL-Z09ZZ VA'1:131S31-13NIM 3NId 1VAOU 1NOUJ EL9 W VH1aVW'8 3 NO111W'WIa9 -L - -V- 3179 @Ms (g)AM3AW S 43AV-OD-008-L w OYAJ aAe'MMM 0 oms wege6 91 zes111mn apldea @6ey:)as a }a a6eaanogljue uolssaidwl Glaize Development, Inc. Glaize Development, Inc. PO Box 888 PO Box 888 Winchester, VA 22604 Winchester, VA 22604 Lucille W. Smith Lucille W. Smith 320 Longview Ave. 320 Longview Ave. Winchester, VA 22601 Winchester, VA 22601 Deborah P. Lake Deborah P. Lake 448 Superior Ave. 448 Superior Ave. Winchester, VA 22601 Winchester, VA 22601 City of Winchester City of Winchester 15 N. Cameron St., Ste. 303 15 N. Cameron St., Ste. 303 Winchester, VA 22601 Winchester, VA 22601 r July 47, 2005 TO: THE RE: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING CANT(S) AND/OR ADJOINING PROPERTY APPLICATION #01-05 FOR RUSSELL 150. LC S) On behalf of the Frederic County Board of Supervisor you are hereby notified of a public meeting being held on Wednesday, ugust ,10, 2005, at 5:00 .m. in the Board Room of the Frederick County Administration Building at 1 North Kent Street inchester, Virginia to consider the following application: Rezoning #01-05 for Russell 150, LC, RA (Rural Areas) District to B2 (Ge District to RP (Residential Performance Pike (Route 522), opposite Airport Pv identified by Property Identification ui the east side of Interstate 81. by Greenway Engineering, to rezone 96.28 acres from less) District and 54 acres from RA (Rural Areas) This property fronts on the west side of Front Royal 645), in the Shawnee Magisterial District, and is ',Is) 64-A-10 and 64-A-12. The property also fronts on A copy of the application lbe available for re ' w at the Handley Library and the Bowman Library the week of the mee, or at the Department 6fPlanning and Development located at 107 North Kent Street in Win ester, Virginia. Informatio egarding this application will also be available via the Planni Department's Web Page at www.'bq.frederick.va.us. Sincerely, Michael T. Ruc)Hy Deputy Plann' g Director NITR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 t, N • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING May 11, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-05 FOR RUSSELL 150, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, May 25, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-05 for Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINs) 64-A-10 and 64-A-12. The property also fronts on the east side of Interstate 81. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. hiformation regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • This is to certify that the attached correspondence was mailed to the following on 111 /,)y from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 10- RUSSELL 150, LC 203 RICKETTS OR WINCHESTER, VA 22601 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 64 - A- - 18- KOKORSKY, MANFRED G 119 ELMWOOD RD WINCHESTER, VA 22602.4406 63 - A- - 123-A EFG INVESTMENTS, LLC 340 W PARKINS MILL RD WINCHESTER,VA 22602 64 - A- - 10-A CALVARY CHURCH OF THE BRETHREN CIO EMORY G EBY 578 FRONT ROYAL PIKE WINCHESTER, VA 22602.7316 64 -A- - 11- BELT, ARTHUR A & JUANITA S 201 FRONT DR WINCHESTER, VA 22602.4383 STATE OF VIRGINIA COUNTY OF FREDERIC 64 - A- - 14- SHEPARD, MICHAEL S & CHERYL 179 GEORGE OR WINCHESTER, VA 22602.4619 64B - 4- - 8- GODLOVE, MAXINE 635 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64B - 4- - 9-A STINE, HARRY M & ROSE 0 124 LONGCROFT RD WINCHESTER, VA 22602.4438 64B - 4- - 25-J MUDD, THOMAS S 179 FRONT DR WINCHESTER, VA 22602.43R7 64B - 4- - 26- COURTNEY, CHARLES A 161 FRONT DR WINCHESTER, VA 22602.4382 < c--t- Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, a Notary Public in and for the State and County aforesaid, do heo3y certify that Nfi chaegr. Ruddy, Deputy Planning Director for the Department of Planning nd Development, whose name is signed to the foregoing, dated ,4Z/I/t — , has personally appeared before me and acknowledged the same in my State and Co ty aforesaid. Given under my hand this f �.,i day of My commission expires on r-�Vle/ La� NOTARY P BLI � O V151C 64B - 4- - 30- • 64C *- 1- LEWIS, ROSALIE GLASS GRIM, MILTON E & MARTHA M 604 TUDOR DR 673 FRONT ROYAL PIKE WINCHESTER, VA 22603 WINCHESTER, VA 22602.7323 64B - 4- • 32 64C - A 2 RATCLIFF, JAMES A & CARRIE V EMBREE, JOSEPH & LYNNETTE L 687 FRONT ROYAL PIKE 155 ROYAL AVE WINCHESTER, VA 22602 7323 WINCHESTER, VA 22602-7330 64B 4 34 64C - A- - 4- E. DARLENE S. & CHARLES M KLEIN, CHARLES GEORGE & AMY JOAN BARNARD, p0 BOX 4585 149ROYAL AVE WINCHESTER, VA 22604-4585 WINCHESTER, VA 22602-7330 64B - 4- - 37- 64C - A- - 7- KELLY, JOHN B JR & MARTHA J WHITACRE, ELWOOD H SR 137 ROYAL AVE 721 FRONT ROYAL PIKE WINCHESTER, VA 22602 7330 WINCHESTER, VA 22602-4420 64B - 4- - 38- 64C - A- - 8- FAUVER, MICHAEL N COLLINS, W LEE & ANNA B 749 FRONT ROYAL PIKE 131ROYALAVE WINCHESTER,VA 22602-4420 WINCHESTER, VA 22602-7330 64C - A- - 9- 641 - 4- - E- WINCHESTER OUTDOOR HEPIVER, KIRBY L JR 355 S POTOMAC ST 182 FRONT DR HAGERSTOWN, MD. 21740-6032 WINCHESTER, VA 22602-4326 64C - A- 11 64B - 4- - F- LUCAS, WILLIAM R & KRISTA K SHANK, ROBERT L SR & PATRICIA A 831 FRONT ROYAL PIKE 185 FRONT DR WINCHESTER, VA 22602 4421 WINCHESTER, VA 22602-4382 64C - A- - 13- 64B - 4- - G- GIBSON, MONTIE W III CROSEN, TARA M 189 FRONT DR 867 FRONT ROYAL PIKE WINCHESTER, VA 22602-4382 WINCHESTER, VA 22602-4421 64B - 4- - 10-A 64C - A- - 15- GREATHOUSE, LEONARD JAMES MCFARLAND, CHARLES C SR & ELENER L & INGRID LOUISE & MCFARLAND, CHARLES C JR 1207 ROWE S7 116 ROYAL AVE NEW TAZEWELL, TN 37825 7111 WINCHESTER, VA 22602-7331 64B - A- - 92- WALKER, JIMMIE J & GENEVA B 667 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64B -A-4- 91- •� -�� YOUNG, PHILIP T & JUDY LYNN 655 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 -- 64B - A- - 89- DOTSON, SCOTTIE D 651 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 -kiv ell( ���a 1�1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 30, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-05 FOR RUSSELL 150, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 13, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-05 for Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINs) 64-A-10 and 64-A-12. The property also fronts on the east side of Interstate 81. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Iandley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on C)/0�- from the Department of Planning and Development, Frederick County, Virginia: 64B - 4- - 9-A 64 - A• - 10- STINE, HARRY M & ROSE 0 RUSSELL 150, LC 203 RICKETTS DR 124 LONGCROFT RD WINCHESTER, VA 22601 WINCHESTER,VA 22602.4438 Mr. Mark D. Smith, P.E., L.S. 64B - 4• • 25-J Greenway Engineering MUDD, THOMAS S 151 Windy Hill Lane 179 FRONT DR WINCHESTER, VA 22602.4382 Winchester, VA 22602 he pLl . 64 - A- . 10-A 64B 4 26 CALVARY CHURCH OF THE BRETHREN COURTNEY, CHARLES A C/O EMORY G EBY 578 FRONT ROYAL PIKE 161 FRONT DR WINCHESTER, VA 22602.7316 WINCHESTER,VA 22602-4382 64 11- 64B - 4- - 30- BELT, ART BEA HUR A & JUANITA S LEWIS, ROSALIE GLASS 201 FRONT DR 604 TUDOR DRWINCHESTER, WINCHESTER,VA 22602.4383 VA 22603 64 - A- - 14- SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER, VA 22602.4619 64B - 4- - 8- GODLOVE, MAXINE 635 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 Michael T. Ruddy, Deputy Plamiing Director / Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a I, j a Notary Public in and for the State and County aforesaid, dcaereby certify that Micl el T. Ruddy, Deputy Plaiuling Director for the Department of Planning nd Development, whose name is signed to the foregoing, dated Irj o — , has personally appeared before me and acknowledged the same in my State and &unty aforesaid. Given under my hand this 36 day of!Z14 ata c�c My commission expires onQ-1-A duo 7 v City of Winchester 15 N Cameron St., Ste. 303 Winchester, VA 22601 64B - 4- - 32- RATCLIFF, JAMES A & CARR 155 BOYAL AVE 22602.7330 WINCHESTER, VA 64 - A- - 18- KOKORSKY, MANFRED G 119 ELMWOOD RD WINCHESTER, VA 22602.4406 63 - A- - 123-A EFG INVESTMENTS, LLC 340 W PARKINS MILL RD WINCHESTER,VA 22602 64B - 4- - 34- KLEIN, CHARLES GEORGE & AMY JOAN 149 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - 36- KELLY, JOHN B JR & MARSHA J 137 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - 38. FAUVER, MICHAEL N 131 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - E- HEPNER, KIRBY L JR 182 FRONT DR WINCHESTER, VA 22602.4326 64B - 4- - F- SHANK, ROBERT L SR & PATRICIA A 185 FRONT DR WINCHESTER,VA 22602.4382 64B - 4- - G- CROSEN, TARA M 189 FRONT DR WINCHESTER, VA 22602-4382 64B - 4- - 10-A MCFARLAND, CHARLES C SR & ELENER L & MCFARLAND, CHARLES C JR 116 ROYAL AVE WINCHESTER, VA 22602.7331 64B - A- - 92- WALKER, JIMMIE J & GENEVA B 667 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64C - A- - 15- GREATHOUSE, LEONARD JAMES & INGRID LOUISE 1207 ROWE ST NEW TAZEWELL, TN 37825-7111 64B 0- 91- YOUNG, PHILIP T & JUDY LYNN 655 FRONT ROYAL PIKE WINCHESTER,VA 22602-7323 64B - A- - 89- DOTSON, SCOTTIE D 651 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64C - A- - 1- GRIM, MILTON E & MARTHA M 673 FRONT ROYAL PIKE WINCHESTER,VA 22602.7323 64C - A- - 2- EMBREE, JOSEPH & LYNNETTE L 687 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64C - A- - 4- BARNARD, E. DARLENE S. & CHARLES M PO BOX 4585 WINCHESTER,VA 22604.4585 64C - A- - 7- WHITACRE, ELWOOD H SR 721 FRONT ROYAL PIKE WINCHESTER, VA 22602-4420 64C - A- - 8. COLLINS, W LEE & ANNA B 749 FRONT ROYAL PIKE WINCHESTER, VA 22602.4420 64C - A- - 9- WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 21740.6032 64C -A- - 11- LUCAS, WILLIAM R & KRISTA K 831 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 64C - A- - 13- GIBSON, MONTIE W III 867 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 Glaize Development, Inc. PO Box 888 Winchester, VA 22604 Lucille W. Smith 320 Longview Avenue Winchester. VA 22601 Deborah P. Lake 448 Superior Avenue Winchester, VA 22601 '� ...------------ W March 2, 2005 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOII,IING PROPERTY OWNER(S) RC: REZONING APPLICATION 401-05 FOR RUSSELL 150, LC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 16, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-05 for Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINs) 64-A-10 and 64-A-12. The property also fronts on the east side of Interstate 81. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the bearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 64 • A- - 18- KOKORSKY, MANFRED G 119 ELMWOOD RD WINCHESTER, VA 22602-4406 63 . A- - 123-A EFG INVESTMENTS, LLC 340 W PARKINS MILL RD WINCHESTER,VA 22602 64B - 4- - 34- KLEIN, CHARLES GEORGE & AMY JOAN 149 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - 36- KELLY, JOHN B JR & MARTHA J 137 ROYAL AVE WINCHESTER, VA 22602-7330 64B - 4- - 38- FAUVER, MICHAEL N 131 ROYAL AVE WINCHESTER, VA 22602.7330 64B - 4- - E- HEPNER, KIRBY L JR 182 FRONT DR WINCHESTER, VA 22602.4326 64B - 4- - F- SHANK, ROBERT L SR & PATRICIA A 185 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - G- CROSEN, TARA M 189 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - 10-A MCFARLAND, CHARLES C SR & ELENER L & MCFARLAND, CHARLES C JR 116 ROYAL AVE WINCHESTER, VA 22602.7331 64B - A- - 92- WALKER, JIMMIE J & GENEVA B 667 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64B - A- 4- 91- YOUNG, PHILIP T & JUDY LYNN 655 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64B - A- - 89- DOTSON, SCOTTIE D 651 FRONT ROYAL PIKE WINCHESTER, VA 22602-7323 64C 1 GRIM, . ILTON E & MARTHA M 673 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64C - A- - 2- EMBREE, JOSEPH & LYNNETTE L 687 FRONT ROYAL PIKE WINCHESTER, VA 22602.7323 64C - A- - 4- BARNARD, E. DARLENE S. & CHARLES M PO BOX 4585 WINCHESTER, VA 22604.4585 64C - A- - 7- WHITACRE, ELWOOD H SR 721 FRONT ROYAL PIKE WINCHESTER, VA 22602-4420 64C - A- - 8- COLLINS, W LEE & ANNA B 749 FRONT ROYAL PIKE WINCHESTER, VA 22602.4420 64C - A- - 9- WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 21740-6032 64C - A- - 11- LUCAS, WILLIAM R & KRISTA K 831 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 64C - A- - 13- GIBSON, MONTIE W III 867 FRONT ROYAL PIKE WINCHESTER, VA 22602-4421 64C - A- - 15- GREATHOUSE, LEONARD JAMES & INGRID LOUISE 1207 ROWE ST NEW TAZEWELL, TN 37825-7111 Glaize Development, Inc. PO Box 888 Winchester, VA 22604 Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Deborah P. Lake 448 Superior Avenue Winchester, VA 22601 City of Winchester 15 N Cameron St., Ste. 303 Winchester, VA 22601 This is to certify thq tl e attached correspondence was mailed to the following on /0 .5- from the Department of Planning and Development, Frederick Countv, Virp-inia: 64 - A- - 10- RUSSELL 150, LC 203 RICKETTS DR WINCHESTER, VA 22601 Mr. Mark D. Smith, P.E., L.S. 6) 0/0 Eg- Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 64 - A- - 10-A CALVARY CHURCH OF THE BRETHREN CIO EMORY G EBY 578 FRONT ROYAL PIKE WINCHESTER, VA 22602-7316 64 -A- - 11- BELT, ARTHUR A & JUANITA S 201 FRONT DR WINCHESTER, VA 22602.4383 64 - A- - 14- SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER, VA 64B - 4- - 8- GODLOVE, MAXINE 635 FRONT ROYAL PIKE WINCHESTER, VA 22602.4619 22602.7323 STATE OF VIRGINIA COUNTY OF FREDERICK 64B - 4- - 9-A STINE, HARRY M & ROSE 0 124 LONGCROFT RD WINCHESTER, VA 22602-4438 64B - 4- - 25-J MUDD, THOMAS S 179 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - 26- COURTNEY, CHARLES A 161 FRONT DR WINCHESTER, VA 22602.4382 64B - 4- - 30- LEWIS, ROSALIE GLASS 604 TUDOR DR WINCHESTER,VA 22603 64B - 4- - 32- RATCLIFF, JAMES A & CARRIE V 155 ROYAL AVE WINCHESTER, VA 22602.7330 Michael T. Ruddy, Deputy Plamiing Dire or Frederick County Planning Department a Notary Public in and for the State and County aforesaid, do 1 •eby certify that Mic ael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my Stat� nd County aforesaid. Given under my hand this day of '2 My commission expires on�� NOTARY &BLIC ljf� V lam' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING May 11, 2005 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 401-05 FOR RUSSELL 150, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, May 25, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: _ Rezoning #01-05 for Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural Areas) District to B2 (General _ss)-District and 54_-acres front RA (l-"_uraL-PA•eas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINs) 64-A-10 and 64-A-12. The property also fronts on the east side of Interstate 81. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester. Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 GREENWAY ENGINEERING �ttsu 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 t July 18, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application for up to an additional 90-day period. As you know, the applicant previously requested a 60 day continuance from the May 25, 2005 Board of Supervisors meeting, which is scheduled to be reconsidered by the Board of Supervisors on August 10, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to 90 days from the date of the August 10, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional infonnation and I will forward it to you immediately. Sincerely, , .. Evan Wyatt, AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator Mike Ruddy, Frederick County Planning Department Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 64 -A- - 10- RUSSELL 150, LC f < 203 RICKETTS DR �J J WINCHESTER, VA 2260.1%5000 22601 0 NI:XI4 201 1 00 05/14/OS F?E_'rlJF1N 'TO -SENDER NQ Sum) NUMME5 UNAOLC TO FORWARD Oct :2260:1'SO009i; 1111111)111111111111lllllllll'IIIIIII'111II111Il�lllllilll�lll /U . Adjoining Property Owners TU: Barbara Data Processing FROM: Bev. . Pla ing Dept. Please print sets of labels by: THANKS11 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Church of the Brethren 578 Front Royal Pike Winchester, VA 22602 Property # 64-((A))-10A Name Arthur A. & Juanita S. Belt 201 Front Drive Winchester, VA 22602 Property # 64-((A))-11 Name Michael S. & Cheryl Shepard 179 George Drive Winchester, VA 22602 Property # 64-((A))-14 Name Maxine Godlove 635 Front Royal Pike Winchester, VA 22602 Property # 64B-((4))-8 Name Harry M. & Rose O: Stine 124 Longcroft Road Winchester, VA 22602 Property # 64B-((4))-9A Name Thomas Mudd 179 Front Drive Winchester, VA 22602 Property # 64B-((4))-25J Name Charles A. Courtney 161 Front Drive Winchester, VA 22602 Property # 64B-((4))-26, 27, 28, 29 Name Rosalie Glass Lewis 604 Tudor Drive Winchester, VA 2--26t2 Z? 6 Property # 64B-((4))-30, 31 Name James A. & Carrie V. Ratcliff 155 Royal Avenue Winchester, VA 22602 Property 4 64B-((4))-32, 33 3 P,46e�s A Name and Property Identification Number Address Name Charles G. & Amy J. Klein 149 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-34, 35 Name John B. Jr. & Marsha J. Kelly 137 Royal Avenue Winchester, VA 22602 Property #64B-((4))-36, 37 Name Michael N. & Connie R. Faurer 131 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-38, 39 Name Kirby L. Hepner, Jr. 182 Front Drive Winchester, VA 22602 Property #64B-((4))-E Name Robert L. Sr. & Patricia A. Shank 185 Front Drive Winchester, VA 22602 Property # 64B-((4))-F, H Name Tara M. Crosen 189 Front Drive Winchester, VA 22602 Property # 64B-((4))-G Name Charles C. Sr. & Eleanor L. McFarland 116 Royal Avenue Winchester, VA 22602 Property # 64B-((4))-l0A Name Jimmie J. & Geneva B. Walker 667 Front Royal Pike Winchester, VA 22602 Property #64B-((A))-92 Name Philip T. & Judy Lynn Young 655 Front Royal Pike Winchester, VA 22602 Property #64B-((A))-4-91 Name Scottie D. Dotson 651 Front Royal Pike Winchester, VA 22-6tt Property #64B-((A))-89 Name Milton E. & Martha M. Grim 673 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-1 Name Joseph & Lynnette L. Embree 687 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-2, 3 Name E. Darlene S. & Charles M. •Banard- )I f � �J P.O.Box 4585 Winchester, VA 22604 Property #64C-((A))-4 Name Elwood H. Whitacre, Sr. 721 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-7 Name W. Lee & Anne B. Collins 749 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-8 Name Winchester Outdoor 355 S. Potomac Street Hagerstown, MD 21740 Property #64C-((A))-9 Name William R. & Krista K. Lucas 831 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-11 Name Montie W. Gibson, III 867 Front Royal Pike Winchester, VA 22602 Property #64C-((A))-13 Name Leonard James & Ingrid L. Greathouse 1207 Rowe Street New Tazewell, TN 37825 Property #64C-((A))-15 NAME GLAIZE DEVELOPMENT, INC. PO BOX 888 WINCHESTER, VA 22604 PROPERTY #292-02-2 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-32 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-33 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-34 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-46 Name Lucille W. Smith 320 Longview Avenue Winchester, VA 22601 Property #312-03-47 Name Deborah P. Lake 448 Superior Avenue Winchester, VA 22601 Property #332-07-22 Name City of Winchester Suite 303 15 N Cameron Street Winchester, VA 22601 Property #332-07-23 ,II L•'� irk es �- 1//� ZZE�h_�..- -- jo L 4 N ece DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERI COUNTY, VIRC]NiA w E GIS, MAPPING, GRAPHICS WORK REQUEST S DATE RECEIVED: REQUESTED COMPLETION DATE: ,2-1-)- � REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information nn hack of request) DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: STAFF MEMBER BLACK/WHITE: NUMBER OF COPIES: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 3 64 - A- - 12- RUSSELL 150, LC 203 RICKETTS DR WINCHESTER, VA F 0 YB SF��DA A� j�F�'4D RFss FA�oA eFD,Q�.ss qNo CORK 22 601 AFiyq �Cl AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 25, 2005 7:15 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA :15 P.M. - Closed Sessio There will be a Closed Session in Accordance with the Code of Virginia, 1950, as Amended, Section 2.2-3711, Subsection A, (5) and (7) to Discuss Economic Development Industrial Prospect and a Legal Issue. 7:15 P.M. - Regular Meeting - Call To Order Invocation Pledge of Allegiance Adoption of Agenda: Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda: (Tentative Agenda Items for Consent are Tabs: G) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes: (See Attached)------------------------------------------ A 1. Regular Meeting, May 11, 2005. 2. Memo Re: Joint Meeting of May 16, 2005 with the School Buildings and Grounds Committee. AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 25, 2005 PAGE 2 County Officials: 1. Resolution in Memoriam of Kenneth Y. Stiles. (See Attached) - - - - - - - - B 2. Committee Appointments. (See Attached) - - - - - - - - - - - - - - - - - - - - - - C 3. Memorandum Re: Cancellation of September 14, 2005 Board Meeting. (See Attached) ----------------------------------------- D 4. Resolution Requesting Health Department Halt Issuance of Conditional Approvals for New Construction. (See Attached) - - - - - - - - - - - - - - - - - E 5. Presentation by the United States Geological Survey (USGS) on the Water Resource Study. (See Attached)------------------------ F Committee Reports: 1. Parks and Recreation Commission. (See Attached) - - - - - - - - - - - - - - - G 2. Finance Committee. (See Attached) -------------------------- H Public Hearing: 1. An Ordinance to Amend the Frederick County Code, Chapter 50, Biosolids. The Proposed Amendments Would Bring this Chapter of the Code into Conformance with Changes Made to the State Regulations. (See Attached)----------------------------------------- 2. Amendment to the 2004-2005 Fiscal Year Budget - Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2004-2005 Budget to Reflect: School Construction Fund Supplemental Appropriation in the Amount of $3,767,000. This Amount Represents Funds Needed Above Original Project Estimates for the Eleventh Elementary School Project. (See Attached) - - - - - - - - - - - - - - - - - - - - - J Planning Commission Business: AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 25, 2005 PAGE 3 Public Hearings: 1. The Revocation of Conditional Use Permit #30-99 of Winchester Motor Service (The Van Man), to Operate a Public Garage Without Body Repair. The Property is Located at 2372 Berryville Pike (Route 7 East) and is Identified with Property Identification Number 55-A-102 in the Red Bud Magisterial District. (See Attached) ----------------------- K Other Plannina Items: 1. Rezoning #01-05 for Russell 150, LC, Submitted by Greenway Engineering, to Rezone 96.28 Acres from RA (Rural Areas) District to B2 (General Business) District and 54 Acres from RA (Rural Areas) District to RP (Residential Performance) District. This Property Fronts on the West Side of Front Royal Pike (Route 522), Opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is Identified by Property Identification Numbers (PINS) 64-A-10 and 64-A-12. (Postponed from April 13, 2005 Meeting.) Request for an Additional 60 Days. (See Attached) ----------------------------------------- L 2. Request for Endorsement of Limited Access Line Break for Kernstown Commons. (See Attached)--------------------------------- M 3. Development Impact Model - Patrick Barker with Economic Development Commission. (See Attached) ------------------------------- N 4. Discussion - Request for Expansion of the Urban Development Area (UDA) and Proposed Modifications to the Western Jubal Early Land Use Plan (WJELUP). (See Attached) -------------------------------- O 5. Discussion - Tasker Woods Land Use Plan (TWLUP). (See Attached) - - P 6. Discussion - Ordinance Amendment - Streets - Inter -Parcel Connectors. (See Attached) ----------------------------------------- Q Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 May 16, 2005 Frederick County Board of Supervisors Attn: Richard C. Shickle, Chairman 107 North Kent Street Winchester, VA 22601 RE: Russell 150 Rezoning Application Dear Mr. Shickle: The purpose of this letter is to request continuance of the Russell 150 Rezoning Application that is scheduled to be reconsidered by the Board of Supervisors on May 25, 2005. As you know, the Board of Supervisors postponed action on this request for up to 60 days during their regular meeting on April 13, 2005. The applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors during this meeting. The applicant requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. Thank you for your assistance regarding this matter. Please advise me if you need any additional information and I will forward it to you immediately. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Denver Quinnelly, Russell 150, L.C. Ben Butler, Legal Counsel John R. Riley, Jr., County Administrator /M'ike Ruddy, Frederick.County Planning Department:Y Engineers Surveyors Telephone 540-662-4185 rAX 540-722-9528 www.greenwayeng.com REZONING APPLICATION 901-05 RUSSELL 150, LC Summary Staff Report for the Board of Supervisors Prepared: May 19, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Postponed for up to 60 Days 05/25/05 Pending PROPOSAL: To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64-A-10 and 64-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural/Vacant/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential/Institutional B2 (Business General) Vacant South: RA (Rural Area) Use: Vacant B2 (Business General) Vacant East: RP Use: Residential West: City of Winchester Use: Residential/Vacant PROPOSED USES: Residential (single-family attached and detached) and Commercial. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation concerns associated with this request. While the extension of East Tevis Street to Route 522 was not included in your plan, VDOT would expect developer participation in construction of this extension if the opportunity becomes available for the extension during construction of this development. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Emergency vehicle access must be maintained at all times. Extension of municipal water supplies shall be addressed during the site planning process. No open air burning will be permitted on this site. Plan approval recommended. Millwood Station Volunteer F&R: Ensure proper hydrant scale and adequate fire lanes where appropriate. Request blue reflectors on the roadway where hydrants are located. Department of Inspections: No comments. Frederick -Winchester Service Authority: No comments. Public Works Department: Please see the attached letter dated November 9, 2004, fi°om Harvey E. Strawsnyder, Jr., P.E., Director of Public Forks. Sanitation Authority: No comment. Frederick -Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks & Recreation: All bicycle lanes/trails should meet the Virginia Department of Transportation standards for hard surfaced facilities. Development does not appear to offer the monetary resources needed to offset the impact the residents of this development will have on the Parks and Recreation Department services provided by the county. Staff is not sure designating a floodplain as open space offers the area any additional protection. Furthennore, the Parks and Recreation Department would rather see usable open space to meet the active and passive leisure needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not appear to provide the total required open space or the total usable open space offered. Plan does not Rezoning 901-05 — Russell 150, LC May 19, 2005 Page 3 address recreational units required for this project Winchester Regional Airport: Please see attached letter dated December 8, 2004, fi°om Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated December 3, 2004, fi"om Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent. Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005, fi-om Ms. Candice E. Perkins, Planner H. PlanninjZ & ZoninjZ: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -snapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 ] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, The Russell 150 property is located within two small area land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan. Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common boundary for the two land use plans. The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on the area of the property north of Buffalo Lick Run. The southern portion of this property is located within the area encompassed by the Southern Frederick Land Use Plan and is identified with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area between Warrior Drive and Interstate 81. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 4 As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are envisioned to include residential and commercial components, of which a maximum of 75 percent of the land area would be residential. The mixed use concept is intended to promote land use patterns that allow for internal service, employment and intermodal transportation opportunities with public open space linkages between various developments. The concept is offered as a diversion from the typical segregation of land uses into specific zoning districts that are often unrelated to each other such as is presently evident in the County. The Russell 150 rezoning application requests only a residential classification for this area designated for mixed use. It should be recognized that this places a greater burden on the remainder of this area of the SFLUP to provide the commercial component of the mixed use environment. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. Further, as land is developed in the Southern Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The Southern Frederick Plan identifies new road systems which have been planned to mitigate impacts to the environmental features and historic areas. A public trail system linking the various uses, historic areas, and open space areas is proposed and identified in the plan. The plan also recommends limiting commercial entrances, utilizing master planned boulevard entrances, and increased parking lot setbacks for corridor design and appearance enhancements. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road conmections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81, into the City of Winchester are road improvement needs that are identified in the Eastern Road Plan that directly relate to the Russell 150 property. Both are important improvements for the County and the City of Winchester collectively. WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4-lane divided) designation for the typical sections of these improvements. Warrior Drive in projects to the south of the subject rezoning have provided for a four lane divided/raised median road section. Accommodations for these new major collector roads should be incorporated into the project. The future relocation of Route 522 from its current location to a more easterly position in the vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell 150 rezoning application. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 5 The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to envirommental features and historic areas. 3) Site Suitability/Environment The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east. Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is identified on the Southern Frederick Land Use Plan. Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular attention. The location and outstanding quality of the features provide the applicant and the County with an opportunity for enhanced riparian protection of this natural environmental corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo Lick Run floodplain will be included in a public park. It also states the applicant's intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It should be noted that this description of intent regarding the environmental features in some cases exceeds current ordinance requirements and could be proffered to ensure that the intent stated in the application is fulfilled through the development process. In several locations within the Impact Statement the application indicates its intent to proffer specific elements. However, as submitted the Proffer Statement does not include such commitments. The designation of the main body of Buffalo Lick Run and its associated floodplain as a park may be desirable as it provides protection to this resource and may also provide a focal point to the community with good accessibility for recreational purposes. The opportunity exists for the applicant to create a linear trail, park, and open space system consistent with their Impact Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the Russell 150 project would be of sufficient size and sophistication to create and administer its own entity to manage the environmental open space as an asset to the project. 4) Potential Impacts Potential Impact Summary. In evaluating the Russell 150 rezoning application it is very important to recognize that the applicant has not proffered a commitment to the number of residential units. Further, no mix of the B2 (Business General uses) nor any limitations on the square footage of the business uses has been proffered. Lacking such a commitment, this application should be evaluated carefully. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 6 Consideration must be given to the maximum possible residential densities and business intensities identified in the County's rezoning application package. Much of the analysis in the Impact Statement is based upon a proposed total of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no guarantee in the form of a proffered condition has been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement and are mitigated by the other proffered conditions. The applicant has the ability to address this through the Proffer Statement. When considering the acreage proposed for commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of retail use could result; far exceeding the projections identified and accommodated in the TIA. A. Transportation Traffic Impact Anal The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 294 single family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use would generate 23,177 vehicle trips per day. The report was developed with primary access to the project to be via the proposed western extension of Airport Road which would extend into the City of Winchester via East Tevis Street extended. A secondary access point was modeled from the project onto Route 522. However, the applicant has proffered this second point of access as a potential temporary connection with an interparcel connection to the adjoining property to the south being preferred and ultimate solution. The continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA. The TIA concludes that the traffic impacts associated with the Russell 150 application are acceptable and manageable. It should be recognized that with the exception of the Route 522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above noted intersection is currently operating at a level of service C(F). When the 2010 background is added this intersection is projected to operate at a level of service D(F). The inclusion of the 2010 build -out information results in a level of service D(F). *(*) represents AM(PM) LOS. The permitted intensity of commercial development would have a greater impact than that which has been modeled. Transportation approach. The Russell 150 rezoning application proposes a unique and innovative approach to the transportation improvements needed to facilitate this project and address the broader needs of the community. The application proposes the participation in a Community Development Authority (CDA) designed to finance the construction of several transportation improvements which include the Interstate 81/East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. Rezoning 40 1 -05 — Russell 150, LC May 19, 2005 Page 7 The stated intent of the CDA is to provide funding for the simultaneous development of all public roads in a single project concurrent with the first phase of private improvements. The CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning application. The Board of Supervisors is the body that will ultimately endorse the creation of a CDA for this project. The applicant has proffered to fully participate in the CDA as part of the Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant should, and has attempted to, address the transportation needs associated with the rezoning request in the rezoning application and Proffer Statement. The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property. The ultimate section of each of these thoroughfares is described in the impact statement and is further described in the Comprehensive Use Plan and the Winchester Area Transportation Study. The term develop as used in the application and Proffer Statement is understood to include the design and construction of any identified improvement to its ultimate section as identified in County and State planning documents. Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road, and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet in width of right-of-way for Warrior Drive and East Tevis Street. As noted previously, the ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor and Crosspointe projects. Right-of-way dedication is proffered to facilitate the extension and development of Airport Road. However, no width has been determined. It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but rather proffers to fully participate in the CDA established for the purposes of funding the construction of this and other improvements. Development of the bridge is only guaranteed with the establishment and financing of the CDA. This distinction should be noted. However, the stated intent of the application is to ensure that all public improvements are funded by the CDA and completed concurrent with the first phase of this project. Non participation in the CDA would most likely result in no development activity occurring on this property. It may be appropriate to consider a mechanism that would ensure the development of the property and all associated improvements, including the Tevis Street flyover, if the CDA was not created by the Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer statement, could offer a commitment that in the event the CDA is not created by the Board of Supervisors, development pursuant to the rezoning application would not proceed until such time an appropriate solution to providing the entire transportation package has been provided. The applicant also addresses the portion of East Tevis Street from the property to Route 522 in the application. This critical link is identified on the Generalized Development Plan as to be completed by others and is not accomplished with this rezoning application. It may be desirable to ensure that this critical cormection is guaranteed as part of the project or associated CDA. This would ensure that a complete transportation solution that fully addresses the needs of the project, community, and further assists with the future constructability of improvements to Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that Rezoning 401-05 — Russell 150, LC May 19, 2005 Page 8 the applicant will provide the engineering services to design this off -site portion of East Tevis Street. It is assumed that this will be at no cost to the County or State. Bicycle accommodations have been addressed with this application and have been proffered by the applicant. A network of bicycle routes will be provided that parallel the major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property. This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle Plan and provides additional opportunities for connectivity. The Impact Statement recognizes that this project provides a singular opportunity to create community character in conjunction with the three new major thoroughfares intersecting on this site. However, it is noted that the Proffer Statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. The opportunity presents itself for the application to commit to providing such corridor design standards along three major thoroughfares and advancing a key initiative of past and potentially future County planning efforts. It would be desirable for this application to promote this unique opportunity as an example for the community to follow. Recognition should also be given to the Route 522 and Interstate 81 corridors and the opportunity that presents itself with this application to ensure that the visual impact of this project, an extremely visible project in a prominent area of Frederick County, is of an elevated and appropriate standard. Special attention could be provided to landscaping, screening of loading and storage areas, and other site design elements that would promote a quality appearance consistent with the scale of the Route 522 and Interstate 81 corridors. B. Sewer and Water The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The permitted intensity of commercial development would have a greater impact than that which has been modeled and reviewed by the Frederick County Sanitation Authority and Frederick TVinchester Service Authority. C. Historic Resources The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding Farmland as a potentially significant property. This designation in the survey warranted the review of the Russell 150 rezoning application by the Frederick County Historic Resources Advisory Board (HRAB). The Impact Statement recognizes the historic Russell Farm and its designation. However, in no way does the application address an approach to this cultural and Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 9 historic resource. The Proffer Statement provides no consideration for this element or the recommendations of the HRAB provided on February 15, 2005. The historic Russell place provides an excellent opportunity to elevate the project by building upon the character and the context of the farm and its surroundings in the design of the project in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition of the Creekside concept, to provide for an attractive gateway to the project and potentially also as an access to the use of the designated park and open space of Buffalo Lick Run identified in the Impact Statement. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The permitted intensity of commercial development would have a greater impact on community facilities than that which has been modeled. The applicant's Impact Models evaluation of the impact on Solid Waste Disposal facilities should be considered. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community on the School System should there be a delay in commercial component of the rezoning application being realized, the applicant has proffered a contribution in the arnount of $3,000 per residential unit for the public school system. The applicant has also proffered a contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of the initial impacts to this community service. Initial review agency comments identified that consideration should be given to the phasing of the different land uses. As noted, the introduction of the residential components would result in an immediate negative fiscal impact to the County. A phased approach to the inclusion of commercial uses along with the residential uses would be desirable. This would assist in the mitigation of the impact of the residential units should they develop at the onset of the project. Obviously, the more commercial land that is developed prior to the introduction of the residential components, the more the fiscal impacts of the residential units will be mitigated. The phasing approach, which has not been proffered, could ensure that at no point in the development of this project is there a negative fiscal impact of the residential elements on the County. The comment provided by the Winchester Regional Airport should be addressed in the application. More specifically, the applicant has the ability to proffer to provide enhanced notification to future property owners of the residential uses regarding aircraft noise associated with airport operations. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 10 5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005) A) General Development Plan. The applicant has provided a Generalized Development Plan for the 150 acre Russell property which is limited to the delineation of the major thoroughfares that will traverse the Russell property and the identification of the residential and commercial land areas. The Generalized Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP Residential Performance land bay. B) Residential Uses. The applicant has not provided a maximum number of units or defined mix of housing types with this rezoning application. However, the Proffer Statement commits to a prohibition on the following housing types; Single Family Detached Rural Traditional, Single Family Detached Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of the residential units is proposed which limits the number of units to seventy five each calendar year following the approval of a Master Development Plan for the project. The applicant has included in the Proffer Statement an architectural commitment that seeks to provide a higher quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary structures in the residential land bay shall be constructed with masonry wall treatments over a minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing. C) Transportation. In recognition of the significant transportation commitments associated with this rezoning application the majority of the commitments in the Proffer Statement address transportation improvements, many of which have been mentioned previously in this report. In summary, the Proffer Statement commits the applicant to the following: i) to participating in a Community Development Authority to finance specified public infrastructure including the East Tevis Street / Interstate 81 flyover, ii) to developing the ultimate section of Warrior Drive and East Tevis Street within the property and dedicating a 120 right-of-way for said purpose (ultimate section is interpreted to be a 4 lane raised median divided roadn)ay), iii) to developing the ultimate section of Airport Road extended within an undetermined right-of-way, iv) to provide the engineering services to design the off -site portion of East Tevis Street from the property to Route 522, v) to provide inter -parcel connectivity to the adjacent Kokorsky property and limit additional intersections on Route 522, vi) to develop a network of bicycle routes within the property. Rezoning #01-05 —Russell 150, LC May 19, 2005 Page 11 D) Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit for the public school system and a lump sum contribution in the amount of $10,000 for Fire and Rescue Services. Both of the above contributions are triggered by the issuance of building permits for construction on the subject property. STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The Russell 150 rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the impacts associated with the full by - right build out of the commercial component of this rezoning request and the ultimate road designs. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE MARCH 16, 2005 MEETING: Regarding the staff s concern about a potential increase in commercial square footage, the applicant responded that it was not likely to occur because of the land area required for surface parking. The applicant agreed to place a narrative on the MDP indicating their commitment to provide a disclosure statement on the subdivision plats concerning airport -related noise for future residential property owners. No commitment was made by the applicant for the continuation of East Tevis Street, from the western limits of the property to Rt. 522 because that section was not within the CDA Overlay and, therefore, did not qualify for CDA funding. Referring to the proposed traffic circle, located where Warrior Drive intersects with Airport Road extended, the applicant noted that specific wording would be added to the proffer for the Board's consideration, which is intended to give VDOT flexibility during design approval, and would allow this intersection to be improved with either a traffic circle or another appropriate ultimate section. There were numerous questions and issues raised by Commission members. A commissioner asked about the possibility of adding a guarantee that commercial development will be started within so many months of constructing the first residential units. The applicant replied that because the transportation infrastructure would be constructed up front, they anticipated commercial properties to be marketable very quickly and, in addition to their monetary proffer, they have phased the residential development to a four-year build -out. Therefore, the applicant was not willing to commit to a commercial start date. Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 12 Based on concerns about the large amount of impervious areas to be constructed with parking and the detrimental environmental impact that could result, commissioners asked the applicant to consider incorporating best management practices for the parking and non -porous surface areas to mitigate the amount of runoff and the resulting oil and chemical pollution that could occur in the stream bed. The applicant agreed to add this to the proffers, upon the owner's consent; prior to the Board's consideration. Commission members inquired if any of the HRAB's recommendations regarding the farm complex were being considered. The applicant replied that all of the structures would be eliminated; however, they would commit to catalog and inventory the structures for submission to the VDHR. Commission members were interested in a commitment from the applicant to establish design standards for the overall project development, as it related to corridor appearance. It was the applicant's opinion that, in light of the special taxing involving the CDA and the wide variety of commercial -retail office users the property would be marketed to, they were hesitant to limit market potential in this manner and preferred to adhere to the design standards within the B2 ordinance. A commission member suggested the possibility of eliminating the residential component altogether because the residential portion of the project was within the airport's flight path and secondly, because of the additional school children that would impact already -overcrowded schools. Another commissioner suggested the possibility of the applicant conducting an environmental impact study in light of Buffalo Lick Run. The chainnan asked the applicant to confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. The applicant responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, in order to match existing sections headed in that direction. The applicant hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. The width of pavement sections for right-of-ways for Airport Road extended would be determined through the same process. There were no public comments. A motion was made to incorporate best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. A motion was next made to amend the previous motion to include a requirement for an environmental impact study; however, this amended motion was defeated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers offered by the applicant and the incorporation of best management practices for the design of the parking and non -porous surface areas to improve drainage and storm water management. The vote was as follows: YES (TO REC. APPROVAL W/ PROFFERS & B.M.P.S): Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour Rezoning #01-05 — Russell 150, LC May 19, 2005 Page 13 BOARD OF SUPERVISORS' SUMMARY & ACTION FOR THE APRIL 13, 2005 MEETING: Members of the Board sought assurances that the County would not be responsible for the infrastructure construction, if the Community Development Authority collapsed. They also felt a phasing plan would be vital to ensure the commercial development is completed before the residential construction is started. They believed the commercial development would provide the funds the County would need to mitigate the impacts of the proposed residential portion of development. In addition, the Board felt the project was incomplete without the extension of East Tevis Street to Route 522. Two adjoining property owners spoke during the public hearing portion of the meeting. One of the property owners supported the project and said it would be good for the County. The other property owner had concerns about commercial development taking place behind him; he did not think that the traffic circle proposed in the plan would be good for areas where there is high -density traffic. The Board unanimously agreed to postpone action on the rezoning application for up to 60 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE MAY 25, 2005 BOARD OF SUPERVISORS MEETING: Staff has not received any materials from the applicant in modification of the Russell 150 Rezoning Application, RZO 1-05. The outstanding issues identified by the Board of Supervisors at their April 13, 2005 meeting remain un-addressed. On May 18, 2005, a letter was received from the applicant that requests that the Board of Supervisors extend the continuance of the Russell 150 Rezoning Application for up to another 60 days from the May 25, 2005 meeting. It is stated in the letter that the applicant desires to continue this postponement to allow adequate time to address comments made by the Board of Supervisors. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. Options available to the Board are as follows: 1) To deny RZO1-05 in it's current form. 2) To continue the postponement of RZO1-05 as requested by the applicant in their letter dated May 16, 2005, for up to another 60 days. 3) To approve RZ01-05 in it's current form. LINE DATA LINE AZIMUTH DISTANCE L1 AZ 56'58'47" 157.1281' 1-2 AZ 57'36'44" 75.4927' L3 AZ 58' 13'26" 79.4004' L4 AZ 56*49'16" 3,8830' L5 AZ 60' 18'33" 98.4207' L6 AZ 58'29'38" 66.8547' L7 AZ 60'19'44" 102.1417' L8 AZ 60'19'36" 98.9789' 1-9 AZ 60' 16' 19" 153.3510' L10 AZ 60*42'19" 98.6097' Lit AZ 330'39'35" 254.5949' L12 AZ 60"2'49" 96.4982' L13 AZ 149'39'36" 253.8967' L14 AZ 60'40'21" 25.5206' L15 AZ 60'18'07" 75.6915' L16 AZ 60'15'54" 43.4738' L17 AZ 331'03'31 254.1794' L18 AZ 60'08'05" 55.3501' L19 AZ 60'13'17" 79.7846' L20 AZ 140'20'05" 195.8326' L21 AZ 141*34*30" 28.5605' L22 AZ 163*32'23" 22.9401' CURVE DATA CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD AZIMUTH DELTA ANGLE Ci 1803.224 388.2419' 387.4925' AZ 44'50'34" 12'20'10" C2 1081.009 95.2871' 95.2563' AZ 166'10'56" 05'03'02" C3 440.4155 104.7707' 104,5238' AZ 178'45'58 13'37'48" C4 2442.715 280.4920' 280.3379' AZ 185'4354" 06'34'45 C5 1265.704 209.3227' 209.0843' AZ 194'49'30" 09'2832" C6 2162.454 127.4431' 127.4247' AZ 202'58'50" 03'2236 C7 677.3548 242.4054' 241. 1139' AZ 190'16'21 " 20'30'16" C8 802.8070 215.1649' 214.5215' AZ I73'54'43" 15*21'22" C9 2051.495 274.6796' 274.4745' AZ 162'235.3" 07*40'17" CIO 1373.978 514.7251' 511.7205' AZ 137'54'38" 21'27'52" C i 1 20330.667 251.4 134' 1 251.4 118' AZ 126'4927" 00'42'31 " / T.M. 43C-3-7A T M 4'�r--_5 J n .n 9 I NOTE THE BOUNDARY INFORMATION SHOWN IS BASED ON AVAILABLE RECORDS FROM THE FREDERICK COUNTY CIS DEPARTMENT. 500 0 300 SCALE: I" = 300' Lei = M Cs O U = Q z a Z W Ca Q z � z d L d d O Z_ 0 W o o fZ 0 W IY O U E- 0 z DATE: 03/30/05 SCALE: I" = 300' DESIGNED BY £AW/JT JOB N0, 3485 SHEET 1 OF 1 IN S 16_ 2�1•." ••� � .."�1054.6625 'S� �. 'c' 10 E N 941.66112 ,.,3 T.M. 65-A-49�.. `14 �5 A_55 u T.M TOTAL AREA 73.79± N J T L47 \ 4(1 141 147 1 A I 144 145 145 14A ROSSUM LANE ROUTE 736 LINE DATA LINE AZIMUTH DISTANCE L1 AZ 108'25'28" 107,7738' L2 AZ 108*28'14" 159.2001' L3 AZ 157*44'38" 67.3281' L4 AZ 157*47'46" 89 3098' L5 AZ 15743'05" 83.0782' L6 AZ 15747'18 68.1170' L7 AZ 15T46'21 68,7322' L8 AZ 157*46'06" 68,0591' L9 AZ 15T41'13" 52-0199' LID AZ 156'56'54" 11924' 111 AZ 163-18'23" 280.2473' L12 AZ 193'37'36" 4.2445' L13 AZ 195'53'30" 73 951 1' L14 AZ 195'49'07" 77.9518' L15 AZ 195'42'09" 133,9355' L16 AZ 98'26'51" 76,5803' 1-17 AZ 98'24'53" 183.2213' L 18 AZ 98' 13'36" 20.9656' L 19 AZ 12' 13' 29" 15.3480' L20 AZ 98'25'09" 101.5942' L21 AZ 9624'12" 100,0738' L22 AZ 98*24*35" 222,6426' L23 AZ 22'46'08" 86 5574' L24 AZ 22'34'00" 41-6920' L25 AZ 292'41'37" 29 8076' L26 AZ 22'23' 15" 49 8847' L27 I AZ 1 12'30'35" 30 0384' L28 AZ 23*00*52" 15 3464' L29 AZ 21*02'48" 26 4521' L30 AZ 98'25'07" 631804' L31 AZ 98'24'06" 104.3695' L32 AZ 98'27'46" 62,4293' L34 AZ 98'23'08" 63 4277' L35 AZ 98'26'16" 60.9089' L36 AZ 98'25'34" 142 0322' L37 AZ 98*21'31 288058' L38 AZ 23*23'12 184.5345' L39 AZ 22' 10'00" 1616578' L40 AZ 22*07*53" 181,1592' L41 AZ 22'10'11" 97.3869' L42 AZ 22' 10'03" 83 4828' L43 AZ 22'07'36" 53 0978' L44 AZ 22'07'23" 74.3484" L45 AZ 21*57*44" 49 4645' L46 AZ 22' 10'32" 138 4263' L47 AZ 22' 13' 16" 60,1549' L48 AZ 21'53'14" 46.2727' NOTE: THE BOUNDARY INFORMATION SHOWN IS BASED ON AVAILABLE RECORDS FROM THE FREDERICK COUNTY GIS DEPARTMENT. 300 0 300 SCALE: 1" = 300' cl DATE: 03/30/05 SCALE: I" = 300' DESIGNED BY. 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SHEET ► OF 3 - ILLI ice\ ,•trlLu II ' �IN ,� �r _ - / �.� � � r GLAIZE ISTRICT LAND RA 96 i� 'a+ • 05 SMITH ■�► AWL • 1 I�t O.p LIE t' •'� .\Ln. - ' • �!�;;" • �� - . W1 IN DATE 09/17/04 MAI • • ► 1 •S 2 do 3 LLI rnr �• / �LU =JL ► �. ,,, •l� Lu - rLu LU u�� a AW i p.1. N "164 11A MAN p DB 4=8 p J\ ZON ED D RA. 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Specifically, you indicate that the draft development program for this application proposes multi -family residential land uses on 37.57 acres and commercial uses on the remainder of the 150.28 acre tract. You inquire whether the draft development program would conform to the 2003 Comprehensive Policy Plan of Frederick County, Virgil. The subject parcels are located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The parcels are further located within the study area boundary of the Route 50 East Corridor Land Use Plan, and are included within an area designated for planned business/office land use. The policies associated with this land use designation provide only for commercial development, with no express provision for the development of residential uses. The draft development program for the Russell Farm rezoning application is therefore inconsistent with the applicable land use policies ofthe Comprehensive Policy Plan. (Comprehensive Policy Plan, p. 6-19, 6-21) It is noted that the Comprehensive Policy Plan identifies the Route 50 East corridor as the largest of the county's three business corridors with the greatest potential for additional commercial growth. Moreover, the Comprehensive Policy Plan emphasizes the value and importance of these corridors for the creation and enhancement of economic development opportunities. Indeed, the importance of the corridors to the county's long-term economic development strategy is underscored by a unique policy statement that explicitly cautions against deviation from established land use concepts for the business corridors when considering rezoning proposals within their boundaries. (Comprehensive Policy Plan, p. 6-17, 6-43) 107 North Kent Street - Winchester, Virginia 22601-5000 m G Mr. Andy Conlon, Greenway Engineering RE: Russell Farm Rezoning Page 2 The draft development program described in your letter is most similar to the county's mixed use concept and would therefore be appropriate to pursue in areas designated for such land use. As you are aware, the property owner may seek a modification ofthe land use designation(s) applicable to the site through the county's annual Comprehensive Policy Plan amendment process. To be considered during the 2004 amendment process, a complete amendment application package must be submitted to the Planning Department no later than Tuesday, June 1, 2004. A copy of the amendment application has been attached for your reference. Ifyou have any questions regarding this correspondence, or if you require additional infonnation, please do not hesitate to contact me. Sincerely, Christop ler M. Mohn, AICP Deputy Planning Director CMM%bad cc: Eric R. Lawrence, AICP, Plamling Director Patrick Barker, AICP, Economic Development Commission Attachment I N_ J Founded in 1971 l'Ai K Vi lJL'7 W Hl:? N EWFq 151 Windy Hill Lanc Winchester, Virginia 22602 May 4, 2004 Chris Mohn, Deputy Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: Russell Farm Rezoning Comprehensive Policy Plan Conformance Dear Mr. Mohn: Greenway Engineering is preparing a zoning map amendment application for a property known as the Russell Farm, located between Front Royal Pike (Route 522) and I-81 at the intersection with Airport Road (Route 645)*. The Comprehensive Policy Plan (in text page 6-19, section entitled "Land Use Plan", and graphic page 6.21) indicates this area is to be developed in business/office uses. I understand from Mark Smith that he has spoken with you about the possibility of developing a portion of this site in a residential multi -family condominium use. It is Mr. Smith's recollection of this conversation that you said such use of up to twenty-five percent of the approximately 150.28 acre Russell Farm property would be deemed to be in conformance with the Comprehensive Policy Plan. Would you please confirm this determination? The Russell Farm property applicants wish to submit a proposal including approximately 37.57 acres (twenty-five percent of 150.28 acres) to be developed as a residential multi -family condominium use. The applicant's draft generalized development plan depicts the two land bays on the south end of the property in residential use. These two land bays are naturally separated from the balance of the tract by the Buffalo Lick Run stream valley flood plain, and bounded by Front Royal Pike to the east and the future Warrior Road to the west. We look forward to your reply. Please do not hesitate to contact us if any further information is required. Sincerely, Greenway Engineering o� Andy Cbrilon, AICP Planning Division cc: Mark D. Smith, P.E., L.S. Further reference Shawnee Magisterial District, TM's 64-((A))-10 & 64-((A))-12 Engineers surveyors Telephone 540-662-4185 FAX 540-722-9528 File#3701/AJC/ www.greenwayeng.com TRANSMISSION VERIFICATION REPORT TIME 05/05/2004 10:28 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.0 BROC2J178677 DATE,TIME 05/05 10:27 FAX NO./NAME 97220604 DURATION 00:00:25 PAGE(S) 01 RESULT OK MODE STANDARD ECM GGEENWAY L51 Windy l Till Luc Winchrmt!T, Virghlia 22602 May 4, 2004 Chris Mohn, Deputy Director Frederick County Department of planning and Development 107 North Kent Street Winchester, Vir-1nia 22601 Re; Russell. Farm Rezoning Comprehensive Policy Plan Conformance Dear Mr_ Mohn, Creenway Engineering is preparing a zoning map earncndlTlent application for a property known as the Russell Farm, located between Front Loyal Pike (Route 522) and i-81 at the intersection with airport Road (Route 645)*. The Comprehensive Policy Plan (in text page 6-19, section entitled "l✓an.d Use Plan", and graphic page 6,21) indicates this area is to be developed in business/office uses. I understand from Mark. Smith that he has spoken with you about the possibility of developing a portion of this site in a .residential multi -family condominium use. It i.s Mr_ Smith's recollection of this conversation that you said such use of up to twenty-five percent of the approximately 150.28 acre Russell Farm property would be deemed to be in conformance with the Comprehensive Policy Plan. Would you please confirm this determination? The Russet], Farm property applicants wish to subnut a proposal including approximately 37.57 acres (twenty-five percent of 150.28 acres) to be developed as a residential multi-fammly condominium use. The applicant's draft generalized development plan depicts the two land bays on the south end of the